QUESTION

Is my employer responsible for an auto accident on my way home from work?

Asked on Sep 29th, 2012 on Personal Injury - New Jersey
More details to this question:
Riding a motorcycle home from work and another car ran me into oncoming lane laid bike down car took off.
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Answered on May 22nd, 2013 at 1:27 AM
No.

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Answered on Oct 11th, 2012 at 1:18 AM
If you were not "on the clock" or were not being compensated by your employer for your ride home from work then your employer is not likely responsible for your accident. This issue involves workers' compensation law. The general rule in workers' compensation with regard to going and coming from work is that an employer is not liable if an employee is injured going to and coming from work. There are a couple of exceptions to this rule such as you were injured in the employer's parking lot. You might want to talk to workers compensation attorney. Your accident might fit within one of the exceptions to the general rule discussed above. Most workers' compensation attorneys offer a free initial consultation so it will not cost you anything to learn more about your rights and options.

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Lisa Hurtado McDonnell
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Answered on Oct 04th, 2012 at 11:23 AM
Not unless you driving a company motorcycle.

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Dennis P. Mikko
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Answered on Oct 04th, 2012 at 11:23 AM
If it was after your shift had ended the injury was not arising out of and during the course of your employment and your employer would have no responsibility.

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Answered on Oct 03rd, 2012 at 12:41 AM
Were you in the course and scope of your employment at the time of the accident? Were you on-the-clock? Were you operating a work vehicle? If you had left work and were simply on the way home from work, then it is not likely that your employer would be involved at all.

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Answered on Oct 01st, 2012 at 6:55 PM
Generally speaking, no. Unless you were on some errand for your employer, your employer is not responsible for damages occurring to or from work.

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Answered on Oct 01st, 2012 at 6:27 PM
Your uninsured motorist coverage would cover this, assuming you had such coverage. If not, your employer's worker's compensation insurance MAY cover it, but you would have to be deemed in the course and scope at time of the accident and generally going to and coming from work is not considered course and scope, but there are lots of exceptions. Need worker's compensation attorney.

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Answered on Oct 01st, 2012 at 6:27 PM
No, the employer's responsibility ended once you left the property.

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Answered on Oct 01st, 2012 at 2:28 PM
Under Michigan law, probably not. I know that an accident in the company parking lot WAS covered by workers compensation, but once you were out on the highway, I do not believe that the employer has any further responsibility.

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Paul L. Whitfield
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Answered on Oct 01st, 2012 at 1:15 PM
Normally worker comp covers accidents in the course and scope of your employment. I doubt you are covered but you ought to ask local comp lawyer if you have one.

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Answered on Oct 01st, 2012 at 12:45 PM
Was it their motorcycle? If not, no, even if it was their's you would still have a hard time.

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Answered on Oct 01st, 2012 at 12:22 PM
Unless you are actually on the job, commuting to and from work is not usually covered by L&I or workers' compensation.

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Answered on Oct 01st, 2012 at 12:20 PM
In South Carolina, your employer is most likely not responsible for this auto accident if you were simply on your way home from work. You should consult with a local attorney as soon as possible to discuss all of the specific facts of your individual situation.

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Answered on Oct 01st, 2012 at 12:19 PM
In Massachusetts, going to and from work is usually not considered being on the clock, and therefore, worker's compensation would not typically apply. Your motorcycle should have coverage for this hit and run. The coverage is called uninsurance, and every vehicle registered in Massachusetts should have it.

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Answered on Oct 01st, 2012 at 12:15 PM
No, employer is not liable for to and from work

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