Motor Vehicle Crashes
Many workers drive as a part of their work duties. Some workers drive for nearly all of their work day, including rig operators, bus drivers, and package deliverers, for example. Other workers don’t have driving listed among their work duties, but may still have to drive as a part of their job; consider an office worker traveling to a conference, a chef going to the farmer’s market, or a house cleaner en route to a client’s house.
One thing these workers have in common is that if they are involved in a motor vehicle accident in the course of their work duties, they are eligible for workers’ compensation benefits. Our work injury lawyers can help workers injured in car crashes seek those benefits.
Talk with a work injury lawyer today! Call 888-517-9888 for a free consultation.
When are Motor Vehicle Crashes Eligible for Workers’ Compensation?
A simple question without a simple answer. Generally, if you are on the clock when you are involved in a car, truck, bus, or any motor vehicle collision, you are eligible for workers’ compensation. The same is true in reverse. Generally, if you are off the clock, including the morning or evening commute and lunch break, and a crash occurs you are not eligible for benefits. There are many exceptions to both rules. For example, if you are commuting to work in a provided carpool by your company that is involved in a collision, you may be eligible, even though you’re not on the clock.
Many other situations exist in a gray area. Business trips, for example. Let’s say you’re driving to a conference in another city. If you are involved in a motor vehicle collision while driving, you’re likely covered. If you drive slightly out of the way for food on your way to the conference and are hit in the fast food parking lot, you might not be covered. Unless you’re picking up food for clients in the car, then you’re probably covered. Unless you haven’t really established a relationship with these clients before, then you might not be covered. Unless the insurance adjuster is in a good mood, then maybe.
There are a lot of circumstances that can play into whether or not a motor vehicle collision is covered under workers’ compensation law and coverage may depends on the unique aspects of your specific injury. It’s best to contact a work injury attorney if you think your car accident should qualify for workers’ compensation benefits.
Preventing Motor Vehicle Crashes
Not every collision can be avoided, but taking certain steps can dramatically reduce the chances. If you’re on the road for the majority of the work day, these driving tips can help you avoid the need for a workers’ compensation claim.
- Never, Ever, Drink and Drive – Driving under the influence of alcohol or drugs is one of the leading causes of fatal crashes.
- Drive Defensively – Being able to anticipate other drivers’ actions before they occur can help you prevent a collision.
- Pay Attention – Distracted driving is one of the most common causes of car accidents.
- Drive Appropriately for Conditions – Slow down during bad weather, high winds, and other situations resulting in bad road conditions.
- Check Your Blind Spots – Always know what vehicles are nearby.
- Perform Vehicle Maintenance – Routine maintenance can prevent breakdowns and blowouts that can lead to collisions.
- Wear Your Seat Belt – Nearly 15,000 lives are saved in the U.S. every year by seat belts. Buckle up!
Work Injuries and Personal Injury Claims
Workers’ compensation claims and personal injury claims are inherently different. Workers are typically prevented from opening personal injury claims against their employers for work injuries because workers’ compensation does not take fault into consideration. When the work injury occurs as the result of a motor vehicle accident, third party liability considerations occur.
If you are on the job and are at fault for a collision, you would be entitled to workers’ compensation benefits, but would not have a third party personal injury claim. However, if you are not at fault for a collision, you may be able to open a personal injury claim against the person determined to be at fault for the crash. Unlike workers’ comp claims, personal injury claims take into consideration the pain and suffering resulting from your injuries, which typically result in greater amounts of financial compensation.
A skilled workers’ compensation law firm will examine the circumstances of your case to determine if you have a valid third party claim. The Law Offices of Scott Warmuth accepts cases under both workers’ compensation law and personal injury law.
Workers’ Compensation Claims can be Confusing
If you’ve been involved in a motor vehicle accident while on the job, our workers’ comp attorneys can help you pursue a workers’ comp claim and any appropriate third party personal injury claims. The Law Offices of Scott Warmuth helps the victims of motor vehicle collisions seek the medical treatment and financial compensation they need.
Contact us today for a free consultation – Call 888-517-9888!
