If an employee is on his 15 minute paid break and leaves the premises during his break and gets into an accident, is the company liable?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an employee is on his 15 minute paid break and leaves the premises during his break and gets into an accident, is the company liable?

If the employee left the work premises during his 15 minute break and got into an accident, I need to know if the company is liable for the accident. This is in West Virginia

Asked on April 12, 2019 under Employment Labor Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

N, since he was not on e job when driving, the employer would bear no liablity for the accident. However, if he was driving a company vehicle, then as the owner his emlpyer could be sued.  

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the company would not be liable since he would not be driving as part of his job or for work (e.g. making a delivery; driving to an offsite meeting or worksite; etc.). An employer is only liable when an employee is at fault in an accident which occurs in the course of employment, and what an employee does on his/her break, for his/her own benefit, is not in the course of employment.
(Note: if he was driving a company-owned or -leased vehicle, however, then the company would be liable because it's their car or truck.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption