Does Worker's Compensation Cover A Car Crash?
With more workers taking their work home and traveling on behalf of their employers, the distinction between work hours and leisure time becomes blurred. You may find yourself in a car accident and determine that you were engaged in essential work activities. This may qualify you for workers' compensation benefits. Further, your workers' comp lawyer might be able to craft an argument for why your accident occurred within the scope of your employment.
Work-Related Activities
You may be instructed by your employer to transport another employee. Or, your employer may order you to drive to a different work location while you are on the clock. Additionally, you may be required to drive to a meeting with a client. Likewise, you may be making a delivery for your employer, or you may not have an actual office and are instead driving for work. This is a common situation if you transport others or make deliveries for a living.
If you are commuting to work, this is usually not considered to be an example of work-related activities. However, one exception might be if you are commuting to work and your employer requests that you stop to pick something up along the way.
Personal Injury Claims
Because your car accident will likely involve someone else, you may also have a claim against the other party involved. When you file a workers' compensation claim, this will bar you from suing your employer but will not necessarily prevent you from suing another party.
The advantage of a personal injury claim is that you will be able to seek damages that you could not seek through a workers' compensation program. You'll be able to seek compensation for losses that are not easy to quantify, such as pain and suffering and loss of consortium. Also, the amount of money you may receive through the settlement can be much higher.
When the Accident Is Your Fault
One of the downsides of a personal injury claim is that you will not be able to seek compensation for your injuries if the accident is your fault. Instead, you may be held liable. However, with a workers' compensation claim, you will be able to seek compensation for your injuries even if you are at fault as long as you were not under the influence at the time of the accident. However, you'll want to contact a workers' compensation lawyer promptly because you have a limited window with which to file. For additional information, contact a worker's comp lawyer.
