i believe it would depend if he was on his way back to his regular place of employmentto clock out or if he had clocked out and was on his way homw from a volunteer job that was not a part of employment. anyone else?
I am certainly confused on this. I can see why a court would rule that the employer could be found vicariously liable when WC benefits were granted. Some states hold that coming & going rule only applies in special circumstances, and the court referred to this as a special circumstance. If the VIP liability policy covers \’all autos\’ for liability, there would be an accident arising out of a covered vehicle being used in the insured\’s business.
Perhaps VIP should have the \’volunteers\’ sign waivers before they agree to help on special events.
There really isn\’t enough info here. From what is there, he was on a special assignment for his employer, whether he volunteered or not. Who is the beneficiary of his work? VIP. As for being out of step, it appears Maine is out of step. Going & coming rule aside, it still appears he was on the job until he reached his employers location.
Everyone is missing the point – this isn\’t about work comp coverage. It is about Liability coverage for a third party injury not the employee\’s injury. Is the employer liability to third parties if their employees are involved in an auto accident commuting to and from work if they are operating a personal motor vehicle? The argument is whether commuting to work is or is not necessarily a part of the work that the employee is being compensated for. I am of the opinion that it is not. Whether the employee drives himself to the job or takes mass transit does not change the scope of the work involved and is probably not factored into what they were being asked to do and what they were being compensated for.
I know some things about this that most ppl dont know so if anyone wants to know something let me know and i will e-mail you. mack072104@yahoo.com bye for now
I guess I\’m curious why Workers Comp would cover an employee while operating a personal vehicle on his way home from work. Anyone?
i believe it would depend if he was on his way back to his regular place of employmentto clock out or if he had clocked out and was on his way homw from a volunteer job that was not a part of employment. anyone else?
I am certainly confused on this. I can see why a court would rule that the employer could be found vicariously liable when WC benefits were granted. Some states hold that coming & going rule only applies in special circumstances, and the court referred to this as a special circumstance. If the VIP liability policy covers \’all autos\’ for liability, there would be an accident arising out of a covered vehicle being used in the insured\’s business.
Perhaps VIP should have the \’volunteers\’ sign waivers before they agree to help on special events.
There really isn\’t enough info here. From what is there, he was on a special assignment for his employer, whether he volunteered or not. Who is the beneficiary of his work? VIP. As for being out of step, it appears Maine is out of step. Going & coming rule aside, it still appears he was on the job until he reached his employers location.
Everyone is missing the point – this isn\’t about work comp coverage. It is about Liability coverage for a third party injury not the employee\’s injury. Is the employer liability to third parties if their employees are involved in an auto accident commuting to and from work if they are operating a personal motor vehicle? The argument is whether commuting to work is or is not necessarily a part of the work that the employee is being compensated for. I am of the opinion that it is not. Whether the employee drives himself to the job or takes mass transit does not change the scope of the work involved and is probably not factored into what they were being asked to do and what they were being compensated for.
I know some things about this that most ppl dont know so if anyone wants to know something let me know and i will e-mail you. mack072104@yahoo.com bye for now