Are Car Accidents Covered by Workers’ Compensation?
Posted on behalf of Phillips Law Group on Aug 29, 2017 in Workers' Compensation
When injuries occur on the job, an injured employee may be able to receive workers’ compensation benefits. This includes injuries resulting from car accidents.
However, navigating this type of workers’ compensation claim can be complicated as there are only certain situations in which a car accident will be covered by workers’ compensation. It is in your best interest to seek legal help with your claim to help ensure you receive the compensation you need.
When are Car Accidents Covered by Workers’ Compensation Insurance?
An employee is eligible for compensation for any injury that is acquired during the scope of his or her employment. This means that as long as your car accident injury occurred while you were performing a required duty or function of your job, you can receive workers’ compensation benefits.
Examples of a work-related car accident that may enable an employee to receive workers’ compensation benefits include:
- Making a delivery
- Traveling for a work-related purpose the employee is being compensated for
- Completing a work-related errand
- Traveling between worksites
- Transporting an employee for work-related reasons
If you are employed in an occupation that involves driving, such as a taxi or commercial truck driver, you may be able to file a workers’ compensation claim if you are injured in an accident that occurs during your regular work hours.
An employee who is remotely based and is compensated for the time he or she travels between home and work can also file a workers’ compensation claim if an auto accident occurs during this commute.
When are Car Accidents Are Not Covered by Workers’ Compensation?
You can only file a workers’ compensation claim if you are injured in an accident that occurs within the scope of your work duties during paid working hours.
This means you will likely not be covered by workers’ compensation if you are injured in an auto accident that occurs:
- During your commute between work and home
- While you are off the clock for lunch or a personal break
- During activities that deviate from your regular work duties
What if I Caused an Auto Accident?
Workers’ compensation is a no-fault insurance system, which means liability does not play a role in determining whether an injured employee can receive workers’ compensation benefits.
Even if you cause a car accident and injure yourself, you can still file a workers’ compensation claim with your employer’s insurer to receive benefits as long as the accident occurred during the scope of your employment.
Can I File a Lawsuit Against the At-Fault Driver?
In certain situations, workers who were involved in an auto accident caused by negligence may be able file a personal injury lawsuit against the at-fault driver.
Workers’ compensation is only intended to pay for an injured employee’s medical treatment and partial lost wages until he or she is able to return to work.
A personal injury lawsuit may provide you with the opportunity to recover compensation for additional damages that you could not access through a workers’ compensation claim. This includes compensation for:
- Pain and suffering
- Property damage, if you owned the vehicle that was damaged in the accident
- Emotional distress
- Loss of enjoyment of life, if your injury prevents you from enjoying daily activities
- Loss of consortium, if the injury has affected your personal relationships or marriage
If you believe your injury enables you to take legal action against the at-fault driver, you will need to consult with a skilled personal injury attorney in Phoenix to discuss the possibility of personal injury lawsuit.
Contact Phoenix Workers’ Compensation Lawyers Now
Car accident injuries may result in costly medical bills and lost wages due to taking time off work during your recovery. These situations can be made all the more difficult if your claim is denied or you are provided inadequate compensation from your employer’s insurer.
When this occurs, you will need the help of an accomplished workers’ compensation attorney to help you recover the benefits you deserve. The Phillips Law Group will represent your workers’ compensation claim to help ensure it is approved and provides you with adequate compensation.
We can discuss your possible legal options during a free, no obligation consultation to determine if you have a valid claim. Our attorneys work only on a contingency fee basis and will only require payment if we recover compensation for your claims.
Call 1-800-706-3000 or complete our Free Case Review form now