Legal Question in Workers Comp in California
Workrmans comp Claim
A delivery driver finishes route and is driving co. van on way home hits a pedestrian. Driver is arrested charges dropped but suffers trauma from accident. Is driver entitled to make a claim why should he be compensated?
3 Answers from Attorneys
Re: Workrmans comp Claim
The fact pattern does not provide a specific answer because we are unaware if the employer authorized the driver to drive the truck home, which might be construed as personal use. Certainly a defense lawyer will make an argument against liability. However, given the liberal nature of the comp courts, I believe this driver will have a compensable injury psyche claim.
Re: Workrmans comp Claim
Because the employee's trauma was caused due to a work-related accident, he should be compensated. Call us at 213.388.7070 for a free consultation.
Re: Workrmans comp Claim
To address your question as to whether or not you can make a claim, the answer would be "yes." Anyone can make a claim. The next issue is whether or not your employer has any valid defenses. Your fact pattern falls into the classic defense, "The going and coming rule." In order to determine whether or not the defense will be successful, please contact me for a free consultation at 818.385.0520.
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