If you were performing work-related duties when the accident occurred, it will likely be covered by workers’ compensation.
In 2016, the most common type of fatal work accident were transportation-related. That is according to the United States Department of Labor’s Bureau of Labor Statistics, which reported that these types of accidents accounted for a full 40 percent of all workplace fatalities in 2016.
While many of these accidents are covered by workers’ compensation, as a skilled workers’ compensation attorney can explain, not every work-related car accident will be. Workers’ compensation benefits are only available to employees who sustain an injury (or become ill) during the course of employment while performing work-related duties.
For purposes of motor vehicle accidents, a crash may be considered a work-related duty if the employee was driving for work-related purposes. That could including doing a number of things, such as making a delivery, going on a sales call, completing a work-related errand requested by a supervisor, traveling between work locations or traveling for work (for which the employee is compensated).
Some employees, such as taxi drivers, truck drivers, and delivery drivers, work in fields where their primary job duty is driving. These workers will likely be covered by workers’ compensation if they are injured in an accident that occurs while they are working.
However, there are situations where car accidents are not covered by workers’ compensation — specifically, those that do not occur within the scope of employment. Generally, that includes any accidents while employees are “going and coming” to and from work. This means that if an employee gets into a crash while driving to work or on an unpaid lunch break, he generally will not be entitled to benefits. There are some exceptions to this general rule, as an experienced workers compensation attorney can explain. If an employee was driving a company vehicle or running a work errand, the accident may be covered. Similarly, if the employee was fulfilling a dual purpose (driving for both work and personal reasons) or on company property, the accident could be compensated through workers’ compensation.
One of the important features of workers’ compensation is that it is a no-fault system. That means that even if you are at fault for an accident, you can still receive benefits if it occurred during the scope of your employment. However, it is generally an exclusive remedy, which means that you may not be able to file a separate legal action. A skilled workers compensation attorney can help you determine if you are able to file a personal injury lawsuit against a negligent driver who may have been responsible for your accident.
At PLBH, we have more than 50 years of experience helping employees navigate the workers’ compensation system. We are also seasoned personal injury attorneys, so we have the knowledge to handle these cases from a variety of angles. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation today with a workers compensation attorney.