Is the company responsible for the death caused by a traffic accident when I came home from work overtime?

If a laborer causes damage to others in employment activities, the employer shall be liable for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer.

Engaged in employment activities mentioned in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. The employee's behavior is beyond the scope of authorization, but its manifestation is or is intrinsically related to the performance of duties, which should be considered as "engaging in employment activities".

The employee's resignation should be regarded as a necessary extension of engaging in employment activities, and should be regarded as engaging in employment activities according to the Industrial Injury Ordinance.

Therefore, the company should be jointly and severally liable for the death caused by the traffic accident when coming home from work and the perpetrators. After the company pays compensation, it can recover from the perpetrator.

Zongheng Law Net-Zhejiang Guangzhengda (Shanghai) Law Office-Xiangtianci Lawyer