The employer encourages the employees to carpool and provides vans for the employees. An injury that occurs while commuting is:

• A. Noncompensable
• B. Noncompensable because of the coming and going rule.
• C. Compensable
• D. Compensable as an exception to the coming and going rule.

Answer: (D)

The key principle is the coming-and-going rule: injuries that happen during a employee’s ordinary commute are usually not compensable. There is an exception when the employer furnishes transportation for the employee or requires the employee to use employer-provided transportation; in that case, the injury occurring during that travel can be considered part of the job. Here, the employer not only encourages carpooling but also provides vans for employees to use. Because the commute injury occurs while using an employer-provided vehicle, it falls under the exception and is compensable. If the employee were commuting in a private vehicle not provided by the employer, this exception wouldn’t apply.