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Injured in a Crash While Commuting From Home in a Rideshare Provided by Your Employer

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Generally, injuries sustained during the commute between home and work are not covered under workers’ compensation. However, if you are in a rideshare car or van – provided by your employer - you could be entitled workers compensation benefits for injuries you sustain in an accident. This can include a vehicle provided by your employer, or another person’s vehicle where the ride or transportation is arranged by or paid for by your employer. The vehicle can be one driven by a co-worker, or a vehicle for hire such as Uber, Lyft, etc. as well.

Ridesharing in the workers compensation

“Ridesharing” means the transportation of persons in a motor vehicle, with a maximum carrying capacity of not more than 15 passengers, including the driver, where such transportation is incidental to the purpose of the driver. Ridesharing in the context of this blog refers to arrangements commonly referred to as “carpools” and “vanpools”. 

Employment commences when traveling in a ridesharing arrangement if one of the following conditions is satisfied:

  1. The vehicle used in the ridesharing arrangement is owned, leased or contracted by the employer. 

  2. The employer requires the employee to travel in a ridesharing arrangement as a condition of employment.

Statistics on Commuting Risks:

Commuting can be risky. According to the National Highway Traffic Safety Administration (NHTSA), over 40,000 people lost their lives in accidents in 2021. Approximately 24% of these fatalities occurred during morning or evening drive times, with the most dangerous time to commute being between 5-6 pm. Interestingly, the risk varies by state, time of day, and other factors.To learn more about how rideshare drivers are affected, check out our article: Rideshare Drivers: Are You Covered in an Accident?

If you are involved in an accident commuting to or from work in a ridesharing arrangement, you could be entitled to Workers Compensation benefits. It is important to seek advice from experienced legal professionals such as the attorneys at Antonucci Law who can review employer policies and agreements and provide you with guidance based on your specific situation.

 

 

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