Walking to work is a daily habit for thousands of Californians, especially in cities where parking is limited and traffic is overwhelming. But if you’re injured walking to work in California, the big question becomes—who’s responsible for your injuries? Whether you trip on a broken Bakersfield sidewalk or a distracted driver hits you in Los Angeles, knowing your rights can make a huge difference in your recovery.
California has specific laws that determine whether workers’ compensation, personal injury, or premises liability applies to your situation. Understanding how these rules work helps you protect your rights and secure fair compensation.
Under California’s workers’ compensation laws, injuries sustained during your regular commute are generally not covered. This rule is called the “coming and going” rule because your commute is viewed as outside the scope of employment.
However, several important exceptions exist:
Employer-Provided Transportation (Employer Conveyance Exception): If your employer supplies a vehicle or shuttle to and from work, any injuries sustained during that commute may be covered.
Special Mission Exception: If your employer sends you on a work-related errand or off-site task, injuries during that trip are usually covered.
Premises Rule: If you’re injured on company property, such as in an employer-owned parking lot, workers’ compensation may apply.
If a driver strikes you while walking to work, the at-fault driver may be legally responsible under California’s negligence laws. Common causes of pedestrian accidents include:
Distracted driving (texting or using a phone)
Failing to yield to pedestrians at crosswalks
Driving under the influence of drugs or alcohol
Speeding or reckless driving
You can pursue a personal injury claim against the driver’s insurance company for your medical bills, lost income, and pain and suffering.
California property owners—both public and private—must keep walkways, sidewalks, and entryways safe. If a hazardous condition causes your injury, you may have a premises liability claim.
Common hazards include:
Uneven or cracked sidewalks
Poor lighting
Slippery or wet walkways
Construction zones without warnings
If a public sidewalk or government-owned property caused your fall, you can file a claim against the responsible city or county. Keep in mind—California requires government claims to be filed within six months of the accident, so quick action is crucial.
Even if you were partially at fault—such as crossing outside a crosswalk—you may still recover compensation under California’s pure comparative negligence system. Your total compensation is simply reduced by your share of fault.
For example, if your damages total $100,000 but you’re found 20% at fault, you can still receive $80,000.
Take these steps immediately after your injury to protect your rights:
Seek Medical Care: Always get checked, even if you feel okay. Some injuries worsen later.
Report the Incident: Call the police if a car was involved. Notify your employer or property owner if applicable.
Document Everything: Take clear photos of the scene, hazards, and your injuries.
Gather Witness Information: Get contact details from anyone who saw the incident.
Call a Personal Injury Attorney: California’s laws are complex. A skilled lawyer can help you determine whether to file a workers’ comp, personal injury, or government claim.
1. Does workers’ compensation cover me if I’m injured walking to work?
Usually no, but exceptions exist—such as running a work errand, using employer-provided transport, or being injured on company property.
2. What if I’m hit by a car while walking to work?
You may file a personal injury claim against the driver. California allows recovery even if you share some fault.
3. Can I sue the city for a broken sidewalk?
Yes, but you must file a government claim within six months of the incident.
4. What if I slip in my employer’s parking lot?
If your employer owns or controls the lot, workers’ compensation may apply. If a third party maintains it, you may have a premises liability claim.
5. What damages can I recover?
You can recover economic damages (medical bills, lost wages) and non-economic damages (pain, emotional distress, loss of enjoyment).
If you’re injured walking to work in California, you may have several options to seek compensation—whether through workers’ compensation, a negligent driver, or a property owner. Because legal deadlines in California are strict, especially for government claims, it’s vital to act quickly and contact an experienced personal injury attorney. They can help you navigate your case and fight for the recovery you deserve.
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