If a personal vehicle is damaged while in a designated company lot, is the company liable for repairs?
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If a personal vehicle is damaged while in a designated company lot, is the company liable for repairs?
I am a construction worker in Northern Virginia. I am required to drive my personal vehicle to and from work to any designated work sites, because company transportation in not provided, and there is no company ride share to and from sites. New Link Destination
day while my personal vehicle was parked in a designated company lot for the worksite, a foreign object went through my back windshield and shattered the glass. My supervisor said that the company is not responsible but I am not sure. Do I have any rights for salary reimbursement, since I now have to leave work to get my glass replaced? What rights do I have to prevent something like this from happening again if the company refuses to take responsibility.
Please keep in mind that I live in Virginia, a right to work state and I am not unionized.
Asked on September 21, 2017 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately--
1) You have no rights to reimbursement for the repair costs unless you can prove that your employer caused the damage (i.e. a fellow employee accidently caused the damage while working). Being on someone's property does not entitle you to compensation unless they were at fault in causing the damage; similarly, damage incurred during work or when you have to bring your vehicle to work does not entitle you to compensation, again, unless the employer caused the damage.
2) They also do not have to pay you for any missed work while getting this replaced--since they are not liable for the damage, they are not responsible for *any* costs or losses associated with it, including missed time from work.
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