Could I get any compensation from my employer toward my car and hospital bills since I was required to come to work regardless of personal safety?

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Could I get any compensation from my employer toward my car and hospital bills since I was required to come to work regardless of personal safety?

The other day I was called into work in the snow. I told my boss I did not feel safe driving in as the roads were covered in snow and ice and it was still coming down pretty steadily. She proceeded to tell me that it was my “responsibility to have reliable transportation to work there and I either had to come in or get someone to cover my shift in the middle of a blizzard”. Driving to work I was in an accident because of the amount of snow and ice. A car slid into mine and I was unable to get out of the way because of the road conditions. I was injured and my car was totaled.

Asked on December 30, 2012 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No,  your employer is not responsible for your injuries, damage, or costs:

1) A person or entity is not responsible for injuries, damage, etc. caused by persons not under its control; presumably, the driver who hit you is not under the employer's control.

2) Also, you assumed the risk of any injuries or damage when you voluntarily chose to drive. Regardless of any pressure your employer put on you, you could have chosen to not go--you could have chosen, for example, to take  the risk of being fired. You chose to put your job ahead of the risk of driving under those conditions, and having voluntarily chosen, you assumed the risk of injury and may not recover from your employer from it.

You can, of course, sue the driver who hit, if  you believe he or she is at a fault.


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