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North Carolina: Providing Company Vehicle to Employee Does Not Necessarily Bring Commute Within the Course and Scope of Employment

March 22, 2019 (1 min read)

The gratuitous provision of transportation to an employee does not, in and of itself, expose an employer to liability under North Carolina’s Workers' Compensation Act. Accordingly, where a cost estimator working for a security systems company was given a company truck both for his daily commute and sometimes in order that he could travel directly to clients' locations, his fatal injuries sustained in a trip home at the end of a work day did not arise out of and in the course of his employment. His widow’s workers' compensation claim for death benefits was barred by the going and coming rule.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Trisha Wright v. Alltech Wiring & Controls, 2019 N.C. App. LEXIS 206 (Mar. 19, 2019)

See generally Larson’s Workers’ Compensation Law, § 15.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law