Generally, a police officer is not eligible for workers' compensation benefits for injuries that occur while commuting to or from work because commuting is considered a personal activity outside the scope of employment. Exceptions exist when the officer is traveling on official duty, such as responding to an emergency call, attending court, or being required to use a police vehicle for work‑related travel.
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Standard Commute Exclusion
Under most state workers' compensation statutes, the "going‑and‑coming" rule excludes injuries that happen during the normal commute between an officer's home and the police department. The rationale is that the commute is a personal choice, not a job requirement, and therefore the employer is not liable for accidents that occur during that time.
When Travel Is Covered
If an officer is performing a work‑related task while traveling—such as driving to a crime scene, attending a training session, or transporting a suspect—those miles are considered "on‑the‑job" time. In those situations, the officer can file a workers' compensation claim for injuries sustained, provided the travel was mandated by the department.
Agency Policies and Travel Exceptions
Some police departments have specific policies that extend workers' compensation coverage to certain commute‑related activities. For example, a department may provide a "travel allowance" or require officers to use department‑issued vehicles, which can create a legal argument that the commute is part of the job. Officers should review their collective bargaining agreement and departmental handbook for any such provisions.
Steps to Take After an Injury
1. Report the incident promptly to a supervisor.2. Document the circumstances, including whether the travel was work‑related.3. File a workers' compensation claim with the state agency.4. Consult a labor or personal injury attorney if the claim is denied.
Key Differences by State
| State | Commute Coverage | Notable Exception |
|---|---|---|
| California | Not covered | Covered if officer is on official duty or in a department vehicle. |
| Texas | Not covered | Covered when traveling to a crime scene or court. |
| New York | Not covered | Covered if employer requires travel beyond normal route. |