Can an employer be sued if ...

Question: Can an employer be sued if an employee causes an auto accident on the way to or from work? Can an employer be sued if an employee causes an auto accident on the way to or from work? She takes prescriptions that cause drowsiness and her doctors are unwilling to sign that she is okay to drive while taking these medications.

Answer: I would say the employer can be sued and found to be liable under the law if the employee causes an accident and the employee is required or uses their own car for work. There is this "thing" called the going and coming rule that we see in workers' compensation cases and it holds that if the employee needs their car for work then they are covered under wc while traveling to or from work. So flip this on its head and you get your answer. Now I can't say for sure that I would agree this is the outcome but I'd guess its pretty close.

 


 

To read more about Iowa’s Going-n-Coming Rule see these posts:

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