When a person is in a work-assigned vehicle and is involved in a car accident, there are often questions about whether the case falls under a person’s individual car insurance or under workers’ compensation. The answer is that it depends. Keep reading to find out what determines how the case is handled, and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you require a free legal consultation.
The California Respondeat Superior Law
In the state of California, an employer is responsible for their employee acting negligently if their employee is acting within the normal scope of their employment. If a person is injured due to the worker acting wrongfully, then the employer is responsible for damages. The purpose of the law is to assure that the victim is compensated by the company that benefits from the job the driver was doing.
The Definition of “Ordinary Scope of Employment”
Of course, the question is often: what is considered the ordinary scope of employment? The law specifies that this refers to performing everyday actions that are typical of their job or are related to what their employer expects of them.
The Coming and Going Rule
So, an employer can be held liable for a worker who is involved in a car accident if that worker is performing work-related duties at the time of the accident. However, the coming and going rule affects workers’ compensation benefits – it holds that a person cannot collect worker comp benefits if they are injured while they are driving to or from work.
When Workers’ Comp Benefits Might Apply
If any of the following are true of your injury, then workers’ compensation benefits are likely applicable to your case:
- You were injured while performing duties your employer assigned while at the workplace
- You were injured while completing an assignment or task your employer gave you – even if you were not at the workplace
If either of those is true, then you do not have to prove that your employer was negligent to be eligible for benefits.
The Coming and Going Rule Does Not Apply if You Are in a Company Vehicle
The coming and going rule means that you are not eligible for workers’ compensation if you are simply driving to and from work – with one big exception: if you are driving a company vehicle. In that case, you are often covered because the company car must be used to drive to and from your workplace.
If you are not sure what applies to your case and how to get the help you need for a work-related car accident, you can contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation. We are standing by to find the right solution for you.
