Access to workers compensation benefits is important because it could provide relief for the true cost of any car accident including medical expenses, property damage, personal injury, lost wages, and related losses.
However, before you try to seek damages in a workers compensation claim after a car accident, it is important 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 legal rights.
Proper legal advice in an attorney client relationship can help you effectively file a workers compensation claim for workers compensation benefits or a personal injury claim for legal damages.
The important thing though 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?
Lots of workers wonder when they can make a workers compensation claim (or even a personal injury claim or personal injury lawsuit) for workers compensation benefits after a car accident or other traumatic event on the job.
The rule of thumb is that the auto accident (or auto accidents if there was more than one) or other work related accident needs to be a work related injury or the accident occurred because of work related reasons.
But what personal injury is considered work related for purposes of workers compensation claims? Let us dig into that now.
Generally speaking, if the event happened on the employer’s property (fixed office) or at work locations then it will be considered work related (or a work related errand for work related purpose) if you sustained injuries and want to receive benefits in a civil claim.
If the accident occurred off site or in transit, like on the employee’s transportation or on company vehicles with transportation paid by the employer, then the courts will look to 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 accident or auto accident while working or on a break?
If it was the former (like when truck drivers have work related errand driving), then the motor vehicle accident would be relevant for a workers 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 workers compensation claim after the car accident.
This is especially the case since many states have a no fault insurance system so if the accidents occurs you won’t have to show the other driver was why you were injured in a car accident in your civil claim.
Thus, workers compensation benefits typically related 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 the car accident occurs on work time.
Whether or not the negligent driver caused the accident while they were working does not matter. It is all about what you were doing at the time of 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 crashed into you and harmed you. We can discuss the quickest ways for you to receive workers compensation benefits or to get in touch with the insurance company.
Does Workers Compensation Cover Injuries from Car Accidents?
Yes, workers compensation covers injuries an employee sustains while working for an employer even potentially 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 will typically cover all harms and expenses that come from work-related activities like making deliveries. However, it does not count the time one takes to travel to work from his or her home, this may be referred to as the home coming 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. It is important to understand how to apply for benefits 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 big difference between workers comp claims and cases.
- Filing. You bring cases in the county civil court where the events occurred but you bring workers claims in the relevant state agency.
- Financial Recovery. Recovery can be greater in cases, opening up new areas of damages (like non-economic damages) as well as greater 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 own car and personal property in a case but not in a claim.
- Deadlines. You need to bring claims for harms suffered on the job immediately 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 make sure some is standing up and protecting them. Call us today to find out how.
How Do I Receive Workers Compensation Benefits?
If you are covered by workers compensation, then you should review your state’s laws to verify what an employee must do in order to qualify for benefits.
Car accidents covered by these rules as well as other workplace accidents can leave you with serious injury and expense so it is crucial you 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 any number of other tasks in order to qualify under the proper workers compensation program.
Obviously, 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 Most Value for Your Case
If you suffered a work injury on the job, please call our offices. We have an excellent group of attorneys that can assist you right away.
Our lawyers can make sure you don’t miss out on a dollar of recovery. Contact us today to learn more about what you can get in 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!