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Coming and Going Clause

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  • Coming and Going Clause

    One of our employees was leaving to go home after he shift was over. He was pulling out of our company's driveway, and was hit by another car but what still technically on our property. Should this be treated like a workers' comp claim?

  • #2
    State law on questions like this varies and is all over the map. It certainly wouldn't hurt to run it by your workers comp carrier, but there's no way to tell for certain with the info we have.
    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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    • #3
      What state are you in? I agree that this is all over the map but generally it takes more than just being on company property to make it a WC claim. Was he engaged in anything work related at the time? Was this a special trip into or from work or just a routine trip home that resulted in a freak accident? The more closely tied to his job he was at the time of the accident, the better the chances it will be covered by WC.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Originally posted by kimb14
        One of our employees was leaving to go home after he shift was over. He was pulling out of our company's driveway, and was hit by another car but what still technically on our property. Should this be treated like a workers' comp claim?
        I got an approval from the court of appeals on the coming and going rule and I was on my way to a job. So this could be under this rule

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        • #5
          It is very very state and situation specific. What state are you in? What were the circumstances?
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Originally posted by ElleMD
            It is very very state and situation specific. What state are you in? What were the circumstances?

            I had a car wreck in Columbia South Carolina. I was in my truck but because I had a trailer on the back to haul a breaker that I needed to preform my duties I was an acseption to the coming and going rule. You can review my case at www.judicial.state.sc.us/supreme/index.cfm
            Then goto Opinions and Orders.
            Then Unpublished Opinions.
            Then Court of Appeals 2005.
            Then click on July.
            Go down to 7-26-2005, I'm the last one "Whitworth v. Window World, Inc."
            You can see more about why I say things I say....Lee

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            • #7
              Which is what I pointed out before that if the employee was doing more than just driving home at the end of the day, it makes a better case for covering it.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment

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