Vicarious Liability: When is an Employee “On the Job?”

As a general rule, an employer is liable for accidents and injuries that are caused by its employees. That’s called respondeat superior, or vicarious liability.

But there’s a catch to that liability: an injured victim must show that at the time of the negligent act that caused the victim’s injuries, that the employee was actually on the jib, or acting in furtherance with, and in the scope of, the employee’s job duties.

And that’s how many employers try to get away with not compensating victims, when victims are injured by company employees: the employer will say that the employee, being negligent, was not actually working in the course and scope of the employee’s job duties.

So how do you know? What does it mean for an employee to be working at the time of an accident, or to be in the course and scope of employment?

What Vehicle was Involved?

The first question in a car accident is to ask whether or not the negligent driver was operating in and with a company car or truck. In most cases, if they are, the driver was operating in the scope of his or her job duties.

But many people use personal vehicles for work purposes, while doing job duties, and so just looking at the vehicle doesn’t tell you anything definitive. One question to ask is whether at the time of the accident, the employer was getting some benefit out of the employee’s use of the vehicle, even if it was the employee’s own, personal vehicle. If so, then it is likely the employer is liable for the employee’s negligence.

What the employee is doing, doesn’t have to be 100% in furtherance of company goals. The employer just has to benefit. So, an employee at a tech firm who is driving to pick up lunch for everyone, would be in the course and scope of employment, even though getting lunch or picking up food isn’t what a tech company does as part of its company goals.

Going to and From Work

Normally, the simple act of driving to and from work, is not driving while in the course of employment. So, if someone does hit you on the way to or from work, you could not hold the employer liable for what the employee driver did.

But any driving once at and after arriving at work — say, someone goes to the office and then leaves the office to deliver something or do a home visit, or meet a client, or pick up inventory — is considered driving while under the course and scope of work.

Intentional Acts

Intentional acts or even criminal acts can create difficulty.

Many employers say that they should not be held liable for something that an employee does which could be criminal. But in those cases, victims may be able to rely on other theories of liability, like negligent hiring, or failure to conduct background checks, to find employers liable.

Injured by a vehicle owned by a company or being driven by someone on the job? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after your car accident.

Sources:

plaintiffmagazine.com/recent-issues/item/course-and-scope-what-the-adjuster-won-t-tell-you

investopedia.com/terms/v/vicarious-liability.asp