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Accidents occur every day, some minor and don’t have much of an impact. Others, however, are more severe, and could significantly change your life. In some cases, an injury can even prevent you from reporting to work while you recover.
Though the workplace is considered as a relatively safe place, some employees may suffer injuries at work. In California, the number of work-related injury fatalities rose to 451 in the last couple of years!
Getting Injured at Work
If you get into an accident while at work, the incident is automatically classified as a workplace injury. However, some incidents are not easy to determine. Sometimes, the injuries may happen while traveling to and from your workplace.
Many Californians drive personal and company vehicles to reach their workplace, you may wonder whether you would be compensated for the injury if you sustained it in a motor vehicle accident.
Although the general rule of California Workers’ Compensation law states that worker’s compensation won’t cover you if you were commuting to and from work, there are several exceptions to this general rule.
Exceptions to the General Rule
While the Going and Coming Rule denies workers compensation benefits to you if you get injured while commuting to work and home from work, it’s only based on the premise that the employers derive no benefit when the worker is commuting.
However, there are more exceptions to the Going and Coming Rule that apply to more factual situations than the general rule explained above.
Employer Pays for Commute
Workers’ compensation will cover your injury if your employer has been directly involved in arranging your transportation so that you can come to work. When your employer benefits from compensating your commute, an exception to the going and coming rule is created.
Personal Vehicle Is an Implied Condition of Employment
You usually wouldn’t be compensated when driving using your personal vehicle. However, when you must report to several job sites miles away from each other, and your employer doesn’t provide transportation, this situation is exempted from the Going and Coming rule.
Using Your Vehicle to Run Errands for Your Employer
Even though you may not be required to use your personal vehicle to run errands for your employer, a practice has been developed where you drive your car to run these errands. Since the vehicle has become an accommodation to your employer, you will receive benefits if you suffer an injury while driving.
Conclusion
No matter the industry you’re working in, accidents can happen. It is crucial to contact a workers’ comp lawyer to learn about the California Workers’ Compensation law, and its exceptions to protect your rights and claim your benefits should something happen to you.
If you’ve suffered a workplace injury or accident, Pacific Workers', The Lawyers for Injured Workers can help you. With more than 130 years of combined experience, we have successfully helped thousands of injured workers throughout Northern California. Request a free case evaluation today 800-606-6999!
