As long as you’re authorized to use the company vehicle to commute and do not deviate significantly from your direct route, injuries you sustain traveling to or from work should generally be covered. Because workers’ comp is no-fault insurance, it doesn’t matter who causes your company car accident.
Whether you’re at fault or hurt by a negligent driver, if you are on the job when injured, workers’ comp should cover your work-related medical bills and two-thirds of wages you lose due to your work-related injury, illness, or disability, up to a maximum weekly payment ($903.40 in 2020). If you’re disabled, the number of weeks for which you may collect benefits depends on your specific disability.
Workers’ Compensation vs. Liability Insurance
If workers’ comp benefits aren’t sufficient to cover all your damages, you might have to file both a workers’ comp claim and a claim against the at-fault driver who injured you. An experienced lawyer can help you handle the complexities of doing both at the same time.
Although workers’ comp covers your work related injuries and lost wages regardless of who causes your accident, it doesn’t cover your liability if you caused the accident. The victims in the crash may file a claim for damages against you and perhaps your employer. For this reason, it’s vital that your employer have liability coverage for employees driving company-owned vehicles.
Vicarious Liability In Regards To Workers' Compensation
If you are found fully or partially responsible for your accident, your employer could be vicariously liable. This means your employer might be responsible for damages caused by your negligent actions on the job, depending on exactly what you’re doing when the crash occurs.
Your employer could be vicariously liable if you’re:
- Going to or from a training meeting
- Going to or from any location chosen by the employer
- Traveling to or from a meeting with a client
- Running company errands
Your employer might not be vicariously liable if you’re:
- Deviating from your direct route to get coffee or food on the way to an appointment
- Traveling to places not chosen by your employer
- Committing a crime or driving when impaired by alcohol or drugs
- Driving to or from work
It’s important to remember, though, that the rules of coming and going, as well as vicarious liability, are subject to interpretation. Your case might go either way depending upon how your evidence is presented before the SCWCC or before a judge and jury if your case ends up in appeals court.
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