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Employer Liability Guide: Are Commuting Employees Covered?
If you’re an employee you’ve likely wondered if you’d ever workers’ compensation insurance. This is a type of insurance that helps compensate you if you’re injured at your workplace and can’t return.
This ensures that even when you’re not working, you continue to have some level of financial stability. This is something that your employer should provide you with to ensure that you’re protected.
But what happens if you commute to work? Do you receive compensation if you’re injured during your commute?
Here’s what you need to know about employer liability:
Employer Liability: What Your Employer Owes You
Depending on the laws of your state, your employer might not be required to offer workers’ compensation insurance at all. However, even in such a case, if your employer might want to offer this insurance to save themselves from a potential lawsuit.
If however, your employer doesn’t wish to insure you then you might be able to hold them liable for a work-related injury.
There is a great post to read if you want to understand how to fight a case against your employer. A lawyer can help you receive compensation in such a scenario.
If you’re seeking employment you want to ask your employer if they offer insurance. If not, you want to also ask them what they do to make your workplace much safer.
What About Commuting?
Even if your employer offers insurance, there’s always the lingering question of whether you’ll receive compensation during a commute. There are no set rules and it all depends on your situation.
If you’re commuting to work you might not receive compensation. You might have to prove that your presence was especially needed on that day.
What happens if your employer asks you to commute during work hours? If you injure yourself you might receive compensation.
However, even in such scenarios, you’ll have to prove that you weren’t entirely negligent. If you’re driving your own car, there might be an investigation on whether you’ve maintained it.
Further questions will include the following:
- Do you have to drive regularly for your work?
- Do you have a clean driving record?
- Was the accident or injury caused by someone else’s negligence, your own, or an Act of God?
- Do you receive payment or extra compensation for commuting costs?
- Did the injury occur at or near the workplace?
Since this is a major grey area you’ll need your lawyer by your side to help you fight your case. Make sure you provide as many details as possible to help win your compensation.
Now that you know how employer liability works you can find ways to protect yourself in case you don’t receive workplace compensation.
Even if your employer isn’t required to provide workers’ compensation insurance they might offer it to protect themselves. If they don’t you can file a lawsuit if you are injured at the workplace.
In some cases, your employer will be liable if you get injured during a commute. However, there are many details that have to get sorted before a court can demand that your employer owes you.
You can find more great legal articles on our website!