Legal Question in Workers Comp in California
if I'm in employers company vehicle and take a lunch then I get into a car accident and it's not my fault can I still get workmans comp ?
Asked on 10/29/15, 1:37 pm
2 Answers from Attorneys
ARMAN MOHEBAN
LAW OFFICES OF ARMAN MOHEBAN
It depends of many other facts. But if you ever in employer's vehicle and the purpose of the trip was work-related, then any injury arises from accident is work-related. Feel free to call me at 213-388-7070 if you have any questions.
Answered on 10/29/15, 6:01 pm
Nancy Wallace
Nancy Wallace Atty at Law
If you are giving a benefit to the employer at the time of impact, then yes. If you are on your own time, your unpaid lunch period, not on direct errand for the employer, then the 'going and coming rule' says you get no benefits if you are coming to work or going from work when you are injured, it's not an on-the-job injury, just a personal injury.
Answered on 10/29/15, 10:20 pm