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Off Duty Car Accident

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  • Off Duty Car Accident

    Massachusetts -
    1. Transportation company has two locations. Driver reports out of other location, but came to the other location on his own time to ask a favor (to borrow a company vehicle for a long trip).
    2. Upon exiting the parking lot, employee got into a car accident with company vehicle, but was still off duty. The employee had an arrangement where he would use the vehicle for personal use.
    3. Employee was taken away in an ambulance to the hospital

    Here's the question...
    Even though the employee was NOT working, is he eligible for Worker's Compensation?

  • #2
    I don't see why he would be. He was not working and he was not performing any work for the company. The fact that he was using a company vehicle for personal use does not make this a workers comp claim.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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