The special-errand doctrine states that if an employee sustains an injury while performing a special job or task for their employer outside of their regular workplace, they are eligible for workers’ compensation. This differs from the general rule that employees are not covered for injuries that occur outside of work. On the other hand, the going-and-coming rule states that employees typically cannot receive workers’ compensation if they are injured while commuting to or from work.
The principle of the special-errand doctrine in workers’ compensation law provides coverage for employees who sustain injuries while on a special duty or journey for their employer outside of the workplace. This principle is an exception to the general rule that employees are not covered for injuries that occur outside of work. For instance, if an employee is sent by their employer to pick up supplies from a store and gets into a car accident on the way, they would be covered by workers’ compensation for their injuries under the special-errand doctrine. However, if an employee is injured while commuting to or from work, they would not be covered by workers’ compensation under the going-and-coming rule, as the commute is generally considered outside the scope of employment. These examples demonstrate how the special-errand doctrine is an exception to the going-and-coming rule, as employees on a special duty or journey for their employer are considered to be within the scope of employment and therefore covered by workers’ compensation for any injuries that occur.
The Special-Errand Doctrine is a legal principle that holds employers responsible for the actions of their employees while they are performing tasks that benefit the employer, even if those actions are outside the scope of their employment.
In personal injury cases, the Special-Errand Doctrine can be used to establish employer liability if an employee causes harm to another person while running a personal errand for the employer.
Examples of situations where the Special-Errand Doctrine may apply include an employee causing a car accident while making a delivery for their employer or an employee assaulting someone while on a business trip.
Yes, there are exceptions to the Special-Errand Doctrine. For example, if an employee deviates significantly from their assigned task or engages in intentional misconduct, the employer may not be held liable.
Yes, an employer can still be held liable under the Special-Errand Doctrine even if the employee was using their personal vehicle, as long as the errand was being performed for the benefit of the employer.
Factors that may be considered include the nature of the employee’s job, the employer’s control over the employee’s actions, and whether the errand was being performed during regular working hours.
It is possible for an employer to argue that the employee was acting outside the scope of their employment, but the court will consider various factors to determine if the employer should still be held liable.
Generally, the Special-Errand Doctrine focuses on employer liability rather than employee liability. However, in certain circumstances, an employee may still be held personally liable for their actions.
The Special-Errand Doctrine typically applies to employees rather than independent contractors. However, there may be exceptions depending on the specific circumstances of the case.
If you believe you have a valid claim under the Special-Errand Doctrine, it is best to consult with an experienced personal injury attorney who can evaluate the specific details of your case and provide guidance on the best course of action.
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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