Were you involved in a car accident or truck accident? You may not know that workers’ compensation could cover it and allow you access to workers’ compensation benefits.
Access to workers’ compensation benefits is necessary because it could relieve the actual cost of any car accident, including medical expenses, property damage, personal injury, lost wages, and related losses.
However, before you seek damages in a workers compensation claim after a car accident, it is essential to figure out if your case will be viable in the first place.
Our team of attorneys at Rosenfeld Injury Lawyers, LLC can help you answer this question in a free consultation to review all your legal options and rights.
Proper legal advice in an attorney-client relationship can help you effectively file a workers compensation claim for benefits or a personal injury claim for legal damages.
The important thing is to review the sections below and call us after the accident so we can help craft a plan that works for you.
When Do Workers Compensation Benefits Cover My Injuries?
Many workers wonder when they can make a worker’s compensation claim (or even a personal injury claim or personal injury lawsuit) for workers’ compensation benefits after a car accident or other traumatic event.
The rule of thumb is that the auto accident (or auto crash if there was more than one) or other work-related incident needs to be a work-related injury or an accident that occurred for work-related reasons.
But what personal injury is considered work-related for workers’ compensation claims?
Generally speaking, if the event happened on the employer’s property (fixed office) or at work locations, it will be considered work-related (or a work-related errand for work-related purposes) if you sustained injuries and want to receive benefits in a civil claim.
When an accident occurs off-site or in transit, like on the employee’s transportation or company vehicles with transportation paid by the employer, the courts will look into whether or not the employee was working for the employer at the time of the accident.
In other words, were you injured in a car or auto accident while working or on a break?
In some cases (when truck drivers have work-related errand driving), the motor vehicle accident would be relevant for a worker’s compensation claim, and you could seek workers’ compensation benefits for lost wages, medical bills, and other harms.
If it was the latter, then the employee won’t have much luck against the employer and should file civil claims to recover damages and receive compensation against the other driver instead of filing a worker’s compensation claim after the car accident.
Workers Compensation Insurance System
Many states have a no-fault workers’ compensation insurance system, so if the accident occurs, you won’t have to show the other driver why you were injured in a car accident in your civil claim.
Thus, workers’ compensation benefits typically relate to car accidents (especially if it’s with a company vehicle) and other personal injury events if it was during work.
The employer pays if a car accident occurs during work time.
Whether or not the negligent driver caused the accident while they were working does not matter.
It is all about what you did during the crash to collect workers’ compensation benefits under the accident workers’ compensation scheme.
Call us for legal advice if taxi drivers, truck drivers, or other negligent drivers caused an accident and harmed you.
We can discuss the quickest ways for you to receive workers’ compensation benefits or contact the insurance company.
Does Workers Comp Insurance Cover Injuries from Car Accidents?
Yes, workers’ compensation covers injuries an employee sustains while working for an employer, even when on break, like during a lunch break.
This can include a car accident, especially if you were driving a company vehicle at the time of the incident.
Workers comp typically covers all harms and expenses from work-related activities like making deliveries.
However, it does not count the time one takes to travel to work from home; this may be called the homecoming rule.
Here are some things an employee may receive workers’ comp for after a work collision:
- Medical bills
- Missed paychecks
- Pain and suffering
- Disability and amputation
- Wrongful death
While most states use a no-fault system for insurance, workers comp is different. Understanding how to apply for benefits is crucial so that you do not miss out on any area of financial compensation.
What is the Difference Between a Workers’ Compensation Claim and a Personal Injury Case?
A workers comp claim is more like insurance than a typical case. Here are some significant differences between workers comp claims and lawsuits.
- Filing. You bring cases in the county civil court where the events occurred but bring workers’ claims to the relevant state agency.
- Financial Recovery. Recovery can be higher in cases, opening up new areas of damage (like non-economic damages) and higher limits. With workers’ comp claims, you are generally limited to seeking money for your expenses and only up to a certain amount. Also, you can seek damages for the destruction or degradation of your car and personal property in a case but not in a claim.
- Deadlines. You need to immediately bring claims for harm suffered on the job but have as much as two or three years to file a case.
Every employee has rights on the job, and our legal team can ensure someone is standing up and protecting them. Call us today to find out how.
How Do I Receive Workers’ Compensation Benefits?
If workers’ compensation covers you, you should review your state’s laws to verify what an employee must do to qualify for benefits.
Car accidents covered by these rules and other workplace accidents can leave you with severe injury and expense, so you must take advantage of these opportunities.
Typically, an employee has to notify their employer within a certain amount of time after the accident.
They also may have to file something with the state and complete other tasks to qualify under the proper worker’s compensation program.
This can be difficult under normal circumstances, but it can be much worse after the trauma of an unfortunate incident.
Talk to attorneys today about how you can get help after you get hurt at work.
Workers’ Compensation Lawyers That Can Help You Get the Most Value for Your Case
If you suffered a work injury, please call our offices. We have an excellent group of workers’ comp attorneys who can immediately assist you.
Our lawyers can ensure you don’t miss out on a dollar of recovery. Contact us today to learn more about what you can get in a claim or case.
We are second to none in experience, resources, and, most importantly, dedication. Let us put that to work for you.
You won’t pay us anything if we do not win! Give us a call today!