Can I Get Workers’ Compensation For A Car Accident?

When workers’ compensation is mentioned, most people automatically think about work-related accidents occurring on company premises. Yet, traffic accidents that happen during the workday while the worker is fulfilling their job-related duties are often forgotten, even though they also qualify as work-related injuries.

With that said, filing a workers’ comp claim regarding accidents in company or personal vehicles while driving for work can be a lot more convoluted than traditional cases.

As such, you will need help understanding the intricacies of recovering a favorable car accident work compensation.

Does workers’ comp cover car accidents?

If you’re injured in an accident while driving as a part of your regular job duties, the event falls into the legal category of “respondeat superior”. This legal doctrine states that the employer bears full responsibility for all injuries that take place within the worker’s scope of employment.

To gain a better understanding of car accident work compensation, it’s useful to go through a few examples. You may be eligible to receive workers’ compensation benefits for traffic injuries if you were injured while:

• Traveling to off-site jobs
• Driving another employee for business purposes
• Making deliveries for the company
• Running personal errands for your employer

In short, you are eligible for workers’ comp in all situations where your employer reimbursed you for your time driving. 

Furthermore, since you were driving on behalf of the company, you are protected from paying legal fees if you cause an accident and the other party files a lawsuit. Your employer is also responsible for providing you with funds for legal representation. 

Circumstances in which workers’ comp won’t cover your car accident

Even if you’re driving a company vehicle, it’s not guaranteed that you’ll receive workers’ compensation for every accident. You may be disqualified from workers’ comp in the following scenarios:

• Criminal activity such as DUI: you won’t receive compensation if the car was used to commit a criminal act. This includes DUI, committing a robbery, or traveling to purchase illegal substances, among others.
• Accidents occurring during daily commutes: since you’re not on company time when driving to and from work, if you get in an accident, you’ll have to file a claim with your insurance company or against the party that caused your injuries.
• You’re an independent contractor: as such, you’re self-employed. If you’re leasing a vehicle to perform work-related activities (as is the case with taxis and tractor-trailers), read the contract to ascertain if the company you leased from is released from liability for accidents. 

Can you recover workers’ comp if you caused the accident?

Because Florida operates on a no-fault system, it doesn’t matter who caused the accident. This means you can file a workers’ comp claim even if your negligence led to your injury. It’s worth stressing that you and your employer can both be held liable for the damages of other individuals you harmed. 

In other words, third parties may file a personal injury either against you or your employer. This may include other drivers, bystanders, passengers in other vehicles, as well as any passengers in the company vehicle.

Sure, the prospect of someone filing a personal injury against you seems scary, but there’s a mitigating factor involved - your employer’s liability insurance. This may guard you from having to pay other parties in the accident out of pocket. 

Can you sue the other driver?

Car accident work compensation may not be substantial enough to account for all the losses you suffered in the event. Thus, if you sustained injuries in an accident that was someone else’s fault, you have the legal right to file a personal injury claim against them in addition to filing for workers’ comp. 

Doing so is recommended if your injuries led to ongoing pain, lost wages, or made a significant impact on your overall lifestyle. Workers’ comp allows you only to recover a small percentage of your lost wages and medical costs - i.e. financial damages. As such, a personal injury lawsuit is the best way to cover your full injury-related expenses.

As you’re well aware, a car accident can leave you with unquantifiable expenses such as pain and suffering, loss of quality of life, and even loss of earning capacity. Along with helping you recover compensation for property damage, a personal injury claim can also help you address those intangible damages.

What to do if you were involved in a car accident while on the job?

What you do following the accident can influence both your workers’ comp and personal injury claims. If you suffered an accident, it’s best you do the following:

• Call the authorities

In the event that anyone involved suffered injuries, call an ambulance immediately. Even if no one is injured, you should call law enforcement to the accident scene so you can file a police report. 

If you’re unable to report the accident immediately, you can do so at a later date at the local police department. 

• Gather essential information

You should also obtain the names and contact information of all the participants involved in the accident and any witnesses. Moreover, write down license numbers or state registration of the vehicles, followed by obtaining information regarding other driver’s insurance.

• Report the accident to your employer

As soon as you leave the scene, report what happened to your employer or the person in the organization handling workers’ comp claims. 

Ensure your accident claim goes smoothly

Car accident work compensation can be a tricky situation to deal with. Once you file your initial claim, don’t be shocked if you receive a denial letter. 

Still, there’s no need to panic. A legal professional has the expertise and experience to help you navigate the tough process lying ahead. 

Everything can happen in these cases. Even your employer may claim you’re not eligible for benefits because you caused the accident by using the company vehicle inappropriately. Plus, workers’ comp claims are often plagued with frustrating issues such as delays and overall poor treatment by your employer’s insurance.

Make sure your legal rights are protected by reaching out to the Law Offices of RITE. With decades of combined experience, our attorneys have what it takes to support you through this process and assist you in achieving the most favorable outcome. 

We’ll fight to the bitter end for you, ensuring you recover the full extent of the damages you suffered. 

Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com to schedule a free case evaluation. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.