If I was forced to come in after I called in with a severe migraine and had a car accident on the way in due to poor vision, is my employer liable for my damages?

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If I was forced to come in after I called in with a severe migraine and had a car accident on the way in due to poor vision, is my employer liable for my damages?

Asked on October 16, 2012 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, your employer is not liable for your damages, since from a legal point of view, your employer is not responsible for the accident:

1) First, the employer did not cause the migraine, the vision problems, or the accident.

2) Second, from a legal standpoint, you were not "forced" to go in: you chose to go in, in order to avoid the consequences (termination or suspension) of not going in; however, *you* made the decision that it was more important to try to maintain your job than to not drive when you were impaired. Since the following events occured because of your own decision, the employer is not responsible.


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