Beware of Commuting Between Home Office and Work

If your employer allows you to work from home, you may be in for a surprise. If you get into a car accident while driving between the company and your home office, ICBC may bar you from claiming for your injuries and/or wage loss.

This limitation on your right to sue will only occur if it can be proven that while driving, you were a “worker” as defined by the provisions of the “Workers Compensation Act” and that the other party to the accident was also a worker (e.g., you were hit by a taxicab). If both parties are “workers” at the time of the accident, the Workers Compensation Act prohibits workers who sustain injuries in the course of their employment from suing other workers, their employers or any employers who may have breached a duty of care. Therefore, if you were just driving home after a day at work, but not to work at your home office, and you were hit by a taxicab, you would have a right to sue the cab driver and the cab company. However, if it can be proven that you were still working while driving, but merely changing locations where you were carrying out your employment duties (e.g., from the company office to your home office), you may be statute-barred from suing.

This is the type of legal risk that makes it highly recommended that you speak with a qualified lawyer prior to making any statements to ICBC or an ICBC adjuster.

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