A. It depends on the specific facts of your case.
In California “Going and Coming Rule” states that if you are, like most commuters, off the clock and you are injured on the way home or on the way to work then workers compensation WILL NOT apply to your case. But there are many exceptions to this rule. The deciding factor is to show that the employer is receiving some benefit from the employee’s use of the vehicle. The most common exceptions are:
- Use of a company car. If your employer requires you to drive to and from work using a company car then you will be covered by workers’ comp in the event that you have an accident.
- Special errand for employer. For example the boss or a coworker tells you to go pick up lunch, and you have an accident while on the road. workers’ comp will cover you.
- Personal vehicle between job sites. If you use your personal vehicle to travel between job sites, or if you drive from your home to different job sites.
- Parking lot accidents. Where employer controls the parking lot, workers’ comp coverage would generally apply.
- Commercial traveler. Generally all time spent away on a business trip is work related and therefore covered.
In general for the workers’ comp insurance company to accept your claim, you work injury must arise out of your employment (AOE) and also occur in the course of your employment (COE).
SPECIAL CONSIDERATION: THIRD PARTY CLAIMS
In addition to your work comp claim you will also have a separate claim against the person responsible for the auto accident. In such a case Goforth & Lucas will represent you for both claims.
What if an employee causes my injuries in an auto accident?
Never make assumptions about your case. Each case has its own extenuating circumstances. For example, if you are injured in an auto accident by an employee who is on their way to work never assume that you cannot also bring a claim for damages against the employer of the person who caused the accident.
For a free consultation regarding your particular case contact Goforth & Lucas Law Partnership. 925-682-9500.