Automobile accidents that occur while on the job are covered by workers’ compensation in North Carolina. This article gives a brief summary of the general rules and exceptions regarding automobile accidents and their compensability under the NC Workers’ Compensation Act.
Car Accidents & the “Coming and Going” Rule
If you are involved in a car accident going to or returning from work, those injuries are generally not covered by the NC Workers’ (workmens’) Comp Act. The dangers presented by operating a motor vehicle while traveling to and from work are common to the general public and not a peculiar risk to a duty of employment. However, there are exceptions to this general rule.
The Contractual Duty Exception to NC Workers’ Comp Laws regarding Car Accidents
If transporting an employee or giving that employee a means of transportation such as a truck is a part of the worker’s employment, an injury suffered in an accident can be covered under the North Carolina Workers’ Compensation Act. This exception applies even if the employee under the contractual duty is going to and from work when an accident occurred. This exception can also apply to an employer who reimburses an employee for gas and mileage. However, if transportation is given to an employee out of the employer’s goodwill and is not required as part of the employment, workers’ comp laws may not cover a car accident that an employee suffers.
The Special Errand Rule and the North Carolina Workers’ Compensation Act
An employee who is injured in a car accident may be covered under NC workers’ comp laws if injured while performing an errand or duty beyond the normal requirements of his job. The errand rule only applies if the court determines that the employee was acting in a way that benefits his employer. When an employee is engaged in a special errand for an employer, the “coming and going” rule does not apply. If on a special errand, any injury that occurs during its course is covered by the NC Workers’ Compensation Act.
The Dual Purpose Rule and NC Workers’ Comp Laws regarding Car Accidents
This rule serves as another exception to the “coming and going” rule. If travel is a part of an employee’s job and also creates the need to travel, an accident may be covered by workers’ comp laws even if the employee’s travel also served a personal purpose. However, a trip that would not have been necessary except for the personal reasons of an employee will not be covered under the dual purpose rule. An example of this rule would be if an employee was sent to the bank by his employer. While there, the employee cashed his own check. An injury that occurred while traveling to and from the place of employment would be compensable. Alternatively, an employee who left his workplace for the sole purpose of going to the bank to cash a personal check would not be covered if he got injured in a car accident.
The Traveling Salesman Exception to Workers’ Compensation Laws in North Carolina
Some employees travel as required by their job description. Traveling employees are generally covered by workers’ comp law and not subject to the “coming and going” rule. An employee who must travel away from his workplace as part of his employment is continuously within the course of his employment during his travel. An employee whose job requires travel can step away from employment by taking a distinct departure on a personal errand. If he does so, an injury suffered from a car accident while performing that personal errand may not be covered. However, once an employee returns from a deviation and returns to travels related to employment, any injury from a car accident would again be covered by the North Carolina Workers’ Compensation Act.
