Driving To and From Work Is the Responsibility of the Employee

12 December 2012 / California Workers Compensation, How To / Comments Off on Driving To and From Work Is the Responsibility of the Employee

What about driving to and from work? This is a very, very commonly asked question.

Primarily in the setting of spine strain conditions where the employee claims they are incapable of sitting in a car for the necessary period of time to get to and from work. In situations like this, I simply clarify for the employee that if the employer does not require the driving as part of the actual work day activity, work limitations outlined by the clinic do not apply to how they choose to get to and from work.

This is the responsibility of the employee, not the employer. Just as the employer cannot choose where the employee lives, the work limitations only apply once the worker is at the job.

I advise these workers to consider taking the bus where they can sit and stand in transit, simply plan to take longer driving to work and take driving breaks, or perhaps ride share etc. I do not excuse workers from work because of “rush hour traffic” nor do I excuse them from a certain work time or shift because the “traffic is less”.

Again, I reference it is their responsibility to coordinate their transport to and from work. Often this works well, and if done with proper tact and detailed with reason, it need only to be discussed once.

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