General contractors may have multiple job sites and multiple projects. Subcontractors may split their workforce several different ways to work for several different general contractors. With foremen and supervisors traveling between construction sites, we enter the realm of workers' compensation known as the coming and going rule. The coming and going rule generally states that when an employee is traveling to work or lunch or traveling home from work and they are injured in a motor vehicle accident, they are not covered by workers' compensation.

Do you think that the coming and going rule is fair in today's world of multitasking where an employee can pull over on the side of the road and still be hit by a distracted driver? What if the employee is not driving but merely sitting on the side of the road in his or her vehicle reading and responding to emails? In a world of iPhones, Android phones, and Blackberry phones, can the employer still benefit from a traveling worker? If the employer is benefiting from the worker stopped in his or her car on the side of the road, should the accident be covered under workers' compensation?