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Injuries sustained on the way to and from workplace ?
I have two questions, please give me some of ur opinions on them :D
1/ Should employers be held legally responsible for accidents and injuries sustained by their employees on their way to and from their workplace? Why or Why not ?
2/ Do employers have any ethical responsibilities for their employee's health and safety in such conditions ?
theory and evidence if possible
thanks everyone :)
2 Answers
- JenniferLv 58 years agoFavorite Answer
1) No
2) No
The only exceptions I would make to this is if the employees had to cross a lava filled moat, guarded by a dragon, on a rickety rope bridge in order to get to their workplace---OR---they had to run through a war-torn no-man's land between enemy fire to get to the end of a battle line.
In those cases, it seems like *really* unfortunate choice of locale and unnecessary danger.
Otherwise, you're no worse going to work than you are visiting the relatives on Thanksgiving or going to the food store.
In all seriousness, think of people being trampled to death waiting for the doors to open at Walmart on Black Friday, or if someone gets held up in a convenience store, or someone crashes into your car on the freeway. There are potential risks and realities when we do anything short of living in a bubble. People can take "any" route to and from work and make "any" number of stops which may/may not increase their chances of something bad happening to them. Employers aren't babysitters, especially when people are off the clock and employees don't need companies telling them where, when and how they go about their lives when they're off the clock.
EDIT: With regard to the company car scenario, I have an aunt who had company cars for 30 years while she worked for her company and she was always required to take the car in for service/maintenance that the company required. They paid for it, but if you didn't take it in you did so at your own risk or risked losing the privilege of the use of the car because they didn't want the liability.
- 8 years ago
1. No and No. The employer has no reasonable belief that the employer caused the injury. Furthermore, the employer could not mitigate the injures or correct them.
2. Yes to an extent. Employers have ethical responsibility only up to the reason for the damage. For example, if you are using a company car and the muffler falls and kills you, then the employer should be held liable. If it is snowing an employer vehicle should be equipped with materials to assist in the snow.
On the other hand, if I am driving a company car and I hit another car, then the employer could be found liable for the accident and all sustaining injuries.