The principle of going-and-coming rule states that if an employee commits an error while commuting to or from work, it is generally not the employer’s obligation. Therefore, if an employee inflicts injury on another person during their travel, the employer cannot be held accountable for any losses.
The going-and-coming rule states that an employee’s actions during their commute to or from work are typically not considered part of their job responsibilities. Therefore, if an employee causes harm or commits a wrongful act during their commute, their employer is usually not held accountable. For instance, if an employee is driving to work and causes a car accident, the victim cannot sue the employer for damages because the employee was not acting within the scope of their employment at the time. Similarly, if an employee is walking to work and accidentally causes someone to fall and get injured, the employer is not liable for the employee’s actions. These examples demonstrate how the going-and-coming rule operates. When an employee is not actively working or performing job duties, their actions are generally not considered part of their employment responsibilities. Consequently, the employer cannot be held responsible for any harm caused by the employee during their commute.
The Going-And-Coming Rule is a legal principle that generally states that an employer is not liable for accidents or injuries that occur during an employee’s commute to and from work.
The application of the Going-And-Coming Rule can vary depending on the jurisdiction and specific circumstances. In some cases, exceptions may exist for employees who are traveling for work-related purposes or using employer-provided transportation.
If an employee is using a company vehicle for their commute, the employer may still be held liable for any accidents or injuries that occur during that time. The use of a company vehicle can create an exception to the Going-And-Coming Rule.
Yes, there are exceptions to the Going-And-Coming Rule. For example, if an employee is injured while commuting to a temporary work location or while on a special assignment, the employer may be held responsible.
If an employee is running a work-related errand during their commute, the employer may be held liable for any accidents or injuries that occur. This is because the employee is considered to be acting within the scope of their employment.
The Going-And-Coming Rule generally does not apply to remote workers since they do not have a traditional commute to a physical workplace. However, if a remote worker is injured while traveling for a work-related purpose, the employer may still be held liable.
If an employee is carpooling with coworkers, the employer may not be held liable for any accidents or injuries that occur during the commute. The Going-And-Coming Rule typically applies in this situation.
If an employee is injured in a car accident caused by a coworker during their commute, the injured employee may be able to file a workers’ compensation claim. However, the employer may not be held directly responsible for the accident itself.
If an employee is injured in an accident caused by a hazardous condition on the employer’s premises during their commute, the employer may be held liable. The employer has a duty to maintain a safe environment for employees, even during their commute.
The Going-And-Coming Rule generally does not apply to independent contractors since they are not considered employees. However, the specific terms of the contract between the independent contractor and the employer may determine liability in case of accidents or injuries during the commute.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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