Transporting a co-worker to their work site

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[font size="1" color="#FF0000"]LAST EDITED ON 05-28-03 AT 07:59AM (CST)[/font][p]Can an employee be forced to provide transportation to and from their work site in their privately owned or company vehicle for another employee who has been placed on "light duty" work and is unable to drive their own vehicle to work at the same work site?

Don D

No. No more than you could be required to give somebody a ride home after work. However, if I did enter into this arrangement voluntarily, I would talk to my personal auto insurance agent and gain his advice on perhaps getting a signed statement from my employer as to their coverage of any liability that might result in case of an accident. And if I did get such a statement, I would also want it cleared through the company's business-lines insurance carrier. You don't want to lose your house and trampoline over an accident you had while transporting somebody at the insistence of your employer.

Balloonman

Hmmmmm I would say no at least not in a private vehicle, you might be able to force the issue with a company car. Just because a person is on restricted duty, even if they can't drive it is still their responsibility to get themselves to work. THEY need to arrange someone to drive them, or take a cab.
My $0.02 worth.
DJ The Balloonman

LeeR

No way to force them in a private vehicle, could easily force the issue if it were a company issue and the employees are going to the same place. Light duty employee is still required to get to work site.

scottorr

I would agree with LeeR. If it is a private vehicle no way. Unless the company plans on paying the car payment and insurance. If the company ownes the vehicle, this may be possible. I used to work for a health care organization which required employees to transport patients to appointments in a company car. I know the situation is not the same but I believe the liability would be the same.

Theresa Gegen TX

Well, here's another way to look at it --

The employer can make a person's job duties be just about anything. Even driving can be part of the duties. (So long as the employer is not discriminating). But the employer must PAY for the time spend driving. Also, the employer will be responsible for any accident, because now the driving is in the course and scope of employment!!

If it is not an employee's normal job duty, the employer should not force it, because the employer will end up with unhappy employees.

Good Luck!

Don D

I'm not so sure about that Theresa. Three years ago this June (I'm counting the insurance rolloff days) I totalled my wife's Volvo driving from one plant to another. The drive was considered part of my job and I was 'required to be in plant A and then plant B, so there was no question I was on duty and on business, between locations, not simply commuting. Comp picked up my medical checkup and drug screen; but my personal insurance suffured all the rest including the woman whose car I ran into and all the cost associated with my vehicle. The company insurance carrier told me they would only kick in 'if and when' my personal liability insurance was exhausted. I argued till I was blue in the face but got nowhere. PS: In case you don't know, airbags in the face are a bitch!

Hunter1

Don: Your sense of humor always touches me: Wouldn't want the employee to lose their trampoline. How much more of an exposure could the employee have??? They should worry about their 3 wheel ATV also. I don't know about your neighborhood, but up here, some insurers have stopped writing homeowners with trampolines. Back to the subject: We tell employees up-front that if they use their own cars on our business that their insurance will be primary.

Theresa Gegen TX

You are right Don -- they will go after the employee first, but once that liability is exhaused, the employer has deeper pockets.

If a lawsuit is filed, the plaintiff will sue both the employee and the employer and both will be liable (although the employee is primarily liable and the employer is secondary -- if the employee is out of money [which has been known to happen] the employer could foot the whole bill)

Balloonman

Theresa, while the employer can assign "other duties as required/assigned" the driving someone to work is as I see it outside of the employment relationship. First off, it is bad practice, second, no-one, not even my employer can "force me" to drive anyone unless I agree. And if my employer were so foolish, that would be fine, but the person on resticted duty would have to meet the needs of my schedule, and between working out prior to work, errands after work, it would not be overly convienent for them. So by doing this you create anomosity between co-workers. As I said before, the employee is responsible for getting to work, injured or healthy. Put the burden on them.
My $0.02 worth.
DJ The Balloonman