While driving the insured's truck, our insured's employee was injured after he dropped off a load and was returning to his point of origin. The driver was paid on a per load basis, and the insured included travel time as part of the compensation. The insurer said that it fell under the coming and going rule and was not covered, but the insured considers this employee to be on the job until he returns to the plant yard or home. Is this injury compensable?

New Jersey Subscriber

New Jersey statutes, section 34:15-36, were enacted in response to court exceptions to the going and coming rule. The statutes define the boundary of "employment" in regard to when an accident arises in the course of employment. The statutes also define "employment" as beginning when an employee arrives at the employer's place of employment and ending when the employee leaves the premises. However, there is an exception that states that employment also occurs when an employee is engaged in the "direct performance of duties assigned or directed by the employer."