When a Workplace Car Accident Entitles You to Workers’ Compensation Benefits
You are only covered by your employer’s workers’ compensation insurance policy when you sustain a work-related injury. A work-related injury refers to any injury you suffer while “on the clock.” This means that if you were driving somewhere to do something that benefits your employer, any injuries sustained in a crash likely qualify as work-related injuries.
Injuries sustained in a workplace car accident likely qualify you for workers’ compensation benefits if:
- You were making a delivery for your employer
- You were running an errand for your employer
- You were transporting another employee from one location to another
- You were traveling to another location for work purposes during the normal workday
It is important to understand that a crash that occurs when you are commuting to and from your worksite is not generally considered a workplace car accident since you are not yet “on the clock”. There is an exception, however: If you were traveling to run an errand before or after work that your boss explicitly asked you to complete when the collision occurred, your injuries may still be covered by workers’ compensation insurance, even if you were technically “off the clock.”
Still not sure if you are covered by your employer’s workers’ compensation policy? Our Georgia workplace car accident attorneys can assess your circumstances and determine your eligibility. Even if you are not entitled to workers’ compensation benefits, you could have other means of recovering damages depending on who was liable for the crash.
You Do Not Need to Prove Fault to Get Workers’ Compensation Benefits
Unlike a personal injury lawsuit, you do not need to establish the negligence of another party to obtain workers’ compensation benefits. This means that you can get compensation for medical expenses and a portion of lost wages if you cannot work even if the accident was your fault. Accessing workers’ compensation benefits can be tremendously difficult, however, as the majority of initial claims are denied.
Our team understands what goes into a successful workers’ compensation claim and can assist you throughout the process. We can also help you prepare a strong appeal and represent you in your hearing if your initial claim was rejected.
The Role of Third-Party Lawsuits
Workers’ compensation will not cover non-economic damages, which refers to the intangible consequences that come with car accident injuries. Examples include pain and suffering, emotional distress, and a loss of enjoyment of life. If the other driver’s negligence caused a workplace accident, you have the option of pursuing two separate claims: a workers’ compensation claim and what is called a “third-party” personal injury claim. The workers’ compensation claim is filed with your employer’s insurance company, while the third-party lawsuit is filed against the negligent driver. To secure damages through a personal injury claim, you will have to prove negligence and establish fault.
We Can Help You Explore All of Your Legal Options after a Workplace Car Accident
You owe it to yourself to pursue every means of recovering damages. At Morrison & Hughes, we make it our mission to help you recover maximum compensation, no matter your circumstances. Workers’ compensation benefits will not cover many of the very real impacts of your injuries, which is why potentially pursuing a third-party personal injury lawsuit can be crucial to getting the financial resources you need to get your life back on track. When working to prove fault, we leverage advanced technologies – including 3D printing and 3D accident reconstructions – to establish negligence and strengthen cases. Dealing with these injuries can be overwhelming, but our Georgia workplace car accident lawyers have your back.
Do not wait to discuss your options after getting into a workplace car accident. Call (404) 689-2734 or contact us online today!
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