The Veen Firm, PC
free consultation

Bay Area Workers Ask the Expert -- Jan. 2015

The Veen Firm proudly partners with the San Francisco Building and Construction Trades Council to provide legal help for Bay Area workers in the trades.Many complicated legal issues affect workers in our community. The Veen Firm is passionate about providing the education and resources needed to protect Bay Area workers.Real people submit questions, and the attorneys at The Veen Firm respond directly. This month’s expertise is provided by David L. Winnett.

I was severely injured when I was rear-ended while running an errand for my boss on my way home from work the other night. I’m afraid I may never be able to work again. Am I entitled to workers’ compensation benefits for my injuries? If I do receive workers’ compensation benefits, will I be prevented from suing the other driver?

Ordinarily, pursuant to the “Going and Coming Rule,” an employee is not entitled to workers’ compensation benefits if he or she is injured while driving to or from work. However, there have been several circumstances where employees injured while commuting to or from work were awarded workers’ compensation benefits. Those circumstances involved situations where the employer received some benefit – even an incidental benefit - from the employee’s use of his or her personal vehicle. Thus, you may be entitled to workers’ compensation coverage for your injuries, if your boss knew or expected that you would have to use your personal vehicle for the errand he asked you to run for him.Even more importantly, however, the fact that you may be entitled to workers’ compensation benefits does not necessarily prevent you from suing the driver who injured you. Although the workers’ compensation system is designed to provide necessary medical treatment and disability benefits to injured workers, it does not provide an injured worker with a full and complete recovery of emotional distress, pain and suffering and other similar damages suffered by an injured worker and his or her family. Those types of damages are only available in a lawsuit against the negligent driver.You should consult a civil attorney as soon as possible to explore the availability of workers’ compensation benefits and the possibility that you may also bring a civil lawsuit against the driver who injured you. There are important deadlines for both types of proceedings, so you should act quickly to protect your rights.-David L. Winnett; The Veen Firm, PC, San Francisco, CA(Reposted from the San Francisco Building & Construction Trades Council.)  

No Comments

Leave a comment
Comment Information
  •  Top 50 Car Accidents Verdicts Firm 2018
  • The national law journal
  • The Veen Firm, PC 2017 | Recognized By | Best Lawyers
  • Lexis Nexis Martindale Hubbel peer review rated for ethical standards and legal ability
  • Best Lawyers | Best Law Firms | U.S. News & World Report 2018
  • American Board Of Trial Advocates
  • The National Trial Lawyers The Association
  • National Academy of Personal Injury Attorneys
  • New Leaders Council
  • The Recorder | Best Of  2018 | Badge
  • The Veen Firm, PC 2017 | Recognized By | Best Lawyers
  • Leaders Forum | PATRON 2019
  • Best Lawyers | Law Firm Of The Year | 2019
  •  Legal Leaders | Top Rated Lawyers | 2019

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

20 Haight Street
San Francisco, CA 94102

Toll Free: 888-504-0157
Fax: 415-771-5845
Map & Directions

Office Hours: 8:30am-5:00pm, Monday - Friday

Schedule a Free Consultation

Call one of our attorneys today for a free consultation at 888-504-0157 or send us a fax at 415-771-5845. If you prefer to submit your request online, fill out our online form.

Referring Attorneys & Trial Associations

If you have a case you would like to discuss, call one of our attorneys today at 888-504-0157. If you prefer to submit your request online, fill out our online form.

free consultation 888-504-0157