Workers’ Compensation for On-the-Job Car Accidents
This can be a somewhat complicated question. If you are driving to work at your employer’s usual fixed location and are involved in a car crash, then the answer is usually no, you cannot get workers’ compensation. But if you are driving to a construction site, that changes with each job, or you travel to different locations as part of your job during the work day, and you are involved in a car crash, you are most likely entitled to workers’ compensation benefits.
These cases are very fact specific with many exceptions. The courts have held that a crash involving an employee who was driving home after a late night work meeting was compensable. If an injured worker who is on compensation for a work injury, gets into a car crash while commuting to get medical treatment for that work injury, that crash is a compensable injury.
If the crash was caused by the negligence of a third party, then the injured worker may be able to bring a personal injury claim against that third party. Such claims may include damages for all of the lost wages and pain and suffering. Knowing your legal rights in these situations is crucial.
When you qualify for workers’ compensation
If an injury occurs in a crash that took place while you were driving specifically for work purposes, you may be able to secure workers’ compensation to cover associated expenses. In most cases, injuries you sustain while commuting to and from your place of employment do not count. A possible exception to this is if your employer pays you for the time you spend commuting.
What types of compensation you may be able to get
While you may have concerns about securing coverage for potentially costly medical expenses, you may also be able to secure coverage to make up for lost income or disfigurement. You may also be able to get compensation to help cover expenses relating to vocational rehabilitation, among other areas.
Even if your employer’s workers’ compensation coverage does not injuries sustained in a car crash, you may be able to secure compensation through filing a third-party claim. Call my office today at 978-654-6670 to schedule a free consultation.