Can someone receive Workmen's Comp if they get injured while commuting to work?
During the recent snowstorm we had (12/26/10) in the northeast, the municipality that I work for did not close, as many employees hoped it would. Since it was therefore technically a workday like any other Monday, employees had to come to work and anybody who stayed home had to “use their time.” Most people just stayed home and used their time, as the roads were really not safe and emergency responders issued pleas for people to stay off the roads except for emergency vehicles and cleanup crews.
One of my coworkers wrote in her Facebook that if she had been in an accident, she would have sued. I responded that someone would not have a successful suit because nobody forced the employees to come to work, they used their discretion, and if someone decided it was not safe they had the option to stay home. Another coworker then responded to what I wrote and said that there was a case of someone (somewhere else, presumably) who got Workmen’s Comp for getting into an accident on the way to work.
This seems far fetched and I tend not to believe things like that unless I verify them myself.
Could someone get Workmen’s Comp if they get injured while on the way to work?
This question is in the General Section. Responses must be helpful and on-topic.