Is my employer responsible for an auto accident on my way home from work? 22 Answers as of July 17, 2013

Riding a motorcycle home from work and another car ran me into oncoming lane laid bike down car took off.

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
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.
Answer Applies to: Nebraska
Replied: 10/11/2012
The Law Firm of Reed & Mansfield
The Law Firm of Reed & Mansfield | Jonathan C. Reed
Unless you were running some errand for your employer on you way home for work or had some arrangement with your employer that you were paid for commute time, I don't see why your employer is liable to you for a motor vehicle accident commuting to or from work.
Answer Applies to: Nevada
Replied: 10/4/2012
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
Not unless you driving a company motorcycle.
Answer Applies to: Utah
Replied: 10/4/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
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.
Answer Applies to: Michigan
Replied: 10/4/2012
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Generally your employer is not responsible after work hours. If you can't identify the other driver your under insured coverage will apply.
Answer Applies to: Connecticut
Replied: 10/4/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    No.
    Answer Applies to: Florida
    Replied: 5/22/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Under some facts a going to or coming from work accident may be covered by worker's compensation. Talk with a lawyer for further evaluation of potential claim.
    Answer Applies to: Illinois
    Replied: 10/4/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    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.
    Answer Applies to: Louisiana
    Replied: 10/3/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Generally speaking, no. Unless you were on some errand for your employer, your employer is not responsible for damages occurring to or from work.
    Answer Applies to: California
    Replied: 10/1/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your employer does not have to pay for your accident but he could be held liable if you caused injuries going to or from work. It is just another way the legislature allows the deep pocket to be responsible so that injured parties get paid and it is a ridiculous law. Why should a person who falls on your steps be able to sue you for their injuries? Why should a bar be responsible for your getting drink and killing another person on the highway? Why should a school be sued because a 5 year old injures a teacher? The civil laws in America allow anyone to sue anyone and they let the jury decide what to do and it is not fair to innocent business owners.
    Answer Applies to: New York
    Replied: 10/1/2012
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    This is likely NOT a comp case, but rather, a case against the at fault driver (i.e. unrelated to work).
    Answer Applies to: Colorado
    Replied: 10/1/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    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.
    Answer Applies to: California
    Replied: 10/1/2012
    Gates' Law, PLLC | Thomas E. Gates
    No, the employer's responsibility ended once you left the property.
    Answer Applies to: Washington
    Replied: 10/1/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    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.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 10/1/2012
    John Russo | John Russo
    Was it their motorcycle? If not, no, even if it was their's you would still have a hard time.
    Answer Applies to: Rhode Island
    Replied: 10/1/2012
    Wild Sky Law Group, PLLC
    Wild Sky Law Group, PLLC | Roxanne Eberle
    Unless you are actually on the job, commuting to and from work is not usually covered by L&I or workers' compensation.
    Answer Applies to: Washington
    Replied: 10/1/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    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.
    Answer Applies to: South Carolina
    Replied: 10/1/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    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.
    Answer Applies to: Massachusetts
    Replied: 10/1/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Not in Alabama. Do you have uninsured motorist?
    Answer Applies to: Alabama
    Replied: 7/17/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    No, employer is not liable for to and from work
    Answer Applies to: New Jersey
    Replied: 10/1/2012
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