Learn about your options for securing compensation for medical bills and more
There are many occupations that require workers to drive as part of their work responsibilities. This includes salespeople, home health workers, delivery drivers, bus drivers, and truck drivers, just to name a few.
If you or a loved one has been injured in a work-related car accident, you need to consider whether you may be able to get compensation through workers’ compensation or through a third-party car accident injury claim.
Workers’ Compensation for Work-Related Car Accidents
Workers’ compensation was created to provide benefits to people who are injured while they are working. This includes people who are injured in car accidents, so long as they were driving as part of the scope of their job responsibilities. When filing a workers’ compensation claim, it does not matter who caused the accident. Even if you caused your own accident, workers’ comp should cover you.
However, in many cases, you aren’t allowed to file a workers’ compensation case if you were injured during your morning or afternoon commute to and/or from your job. As with most things, there are exceptions to this rule.
For example, if you or a loved one is required to use their own vehicle for work purposes, your employer must provide workers’ compensation benefits for any accident that may happen during your commute.
Another exception is called the “personal comfort” exception. This rule came about in a case called Bloxham v Lithia Ford. In this case, the court found that a worker who was on break was injured when they stopped at a party store. It was common practice for employees to stop at the store during their breaks to bring back treats for other workers which made it a convenience to the employer. Because this was common practice, a workers’ compensation claim was allowed to be filed.
In some cases, it may be possible to receive workers’ compensation benefits if you were driving to or from work in a company car. While this is not an absolute exception, whether or not you or your loved one could file a workers’ compensation claim would depend on your individual case and circumstances.
Car Accidents Caused by Non-Employee Third Party
If you or your loved one was injured by a person who was not an employee of your company, you may be able to file a personal injury claim against them. This type of claim may be filed in addition to your workers’ compensation claim.
If the negligent driver who caused your injuries is employed by a different company and was driving within the course and scope of their own job, you may be able to file a claim that names both the other driver and their employer. In some cases, the owner of a vehicle that was being driven by someone else may also be liable for your injuries.
Why You Need an Attorney for Your Work-Related Car Accident
If you or a loved one was injured in an auto accident while working, it’s important that you speak to a qualified attorney who understands both workers’ compensation and car accident injury laws. At The Law Offices of Larry H. Parker, we have the skills and experience needed to bring your case to the most favorable conclusion possible in either case. We can investigate your case and file the appropriate lawsuit(s) on your behalf in order to make sure you get the compensation you deserve.
