Off The Record – Workers’ Comp – Sticky Situations

Video Transcript

Hi. Today I want to update everyone on what I call the sticky situations in Workers’ Compensation law, particularly those involving motor vehicle accidents.

A situation that comes up fairly often involves employees who drive a company vehicle, such as a work truck, work van, or company car.

Many of these employees are considered portal-to-portal employees, meaning they travel directly to different job sites instead of reporting to the same office every day. They may drive to a client’s home, a construction site, or another work location.

So what happens if you’re driving to a job site and you’re involved in a motor vehicle accident?

If you’re a portal-to-portal employee and you’re injured while traveling as part of your work duties, that is generally considered a Workers’ Compensation claim.

You should also speak with a personal injury attorney to determine whether you may have a third-party negligence claim if another driver caused the accident.

Here’s another situation that recently came up.

An employee took their company vehicle home because they were a portal-to-portal employee. Later that evening, after work, they used the vehicle to run a personal errand, such as going to the store. During that trip, they were involved in an accident.

In that situation, the accident would generally not be covered under Workers’ Compensation because it did not occur within the course and scope of employment.

Instead, it would typically be viewed as a personal errand, even though the employee was driving a company vehicle.

That said, these cases are very fact-specific.

Every situation is different, and the details matter. That’s why it’s important to speak with an attorney if you’re unsure whether your accident is covered.

We’ll review all of the facts surrounding the incident and help determine whether you may have:

• A Workers’ Compensation claim,
• A third-party personal injury claim, or
• A standard no-fault automobile insurance claim.

If you’ve been injured in a work-related vehicle accident and aren’t sure what type of claim applies, give us a call. We’ll help you understand your rights and determine the best path forward.