Can you be sued for Employees’ Commuting Accidents?
It is generally assumed that an employer is not responsible for employees while they are commuting to and from work. Normally, that is true, but an employee who feels ill or is impaired at work, or suffers an on the job injury and either voluntarily leaves the workplace or is sent home by their supervisor may be the employers responsibility! If the employee is involved in an accident while returning home or en route to seek medical attention the employer could be sued. Case in Point: Bussard v. Minimed Inc., California Appellate court ruled that the company should have foreseen a potential risk and did not stop it when a supervisor sent an employee home who fell ill after being exposed to fumes from a pest control spray at the plant. The supervisor offered to send the employee to the company doctor, but she refused. While driving home she rear-ended another car. She told the police that she felt lightheaded just before the accident. The reason in the other car sued the company for their injuries. CONCLUSION - Pay attention to any illness or injury complaints that could be related to work. Provide transportation to medical care or home. The same applies whenever driving may be impaired such as late night work, when alcohol has been served or suspected. The cab ride will be a bargain compared to the cost of defending a lawsuit.