Most people know if you get injured on the job, worker's compensation is supposed to kick in to support you. The question is – what happens if you get injured in an auto accident while on the job?
What Qualifies for a Workers Compensation Claim for an Auto Accident?
If it is part of an employee's job to drive around in either his/her vehicle or the company vehicles and he/she become the victim of a motor vehicle accident, worker's compensation should kick in. Some employers also have worker's compensation that covers if the employee is picking up supplies for their workplace or if they deliver products for a living. Most worker's compensation claims, however, do not cover accidents that happen while you are driving to work or if you are leaving work for the day. Typically, you are only covered if you are driving for a work-related task.
Does It Matter Who Caused The Accident?
If an employee gets into an auto accident while on the clock, any and all medical expenses, medical equipment, as well as pain and suffering will be given to the employee. If the other driver that was involved in the vehicle accident attempts to sue the employee, the employer has to pay for any legal fees accrued from the legal battle. The only exception to this is if the employee was under the influence of alcohol or drugs at the time. Typically, compensation is given regardless of who caused the accident. Who caused the accident just determines whether or not your employer also has to pay for the other driver's expenses as well or not.
You do have the right to file a personal injury complaint against the other driver as well as a worker's compensation claim against your employer. The worker's compensation claim just protects your employer from also being sued by you via personal injury.
After a work-related accident, you need to answer two simple questions: were you currently on the job and who caused the accident? If you did not cause the accident, it is worth talking to a lawyer so you can file a worker's compensation claim with your employer and a personal injury claim against the other driver to maximize your compensation for the accident. Filing both of these claims is especially important if the accident resulted in expensive auto repairs and medical bills, as the claims will help you foot these bills.
For more information on labor and employment law, contact a law office like Vandeventer Black LLP.Share