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Navigating the intersection of personal injury law and workers' compensation can be overwhelming, especially for car accident victims in work-related incidents during their business travel.
As a personal injury attorney with years of experience in dealing with work-related injuries, in this article, I will explore the complex world of workers' compensation, legal responsibilities, and the crucial steps you need to take following a work-related car accident.
Quick Summary
- A knowledgeable car accident lawyer is essential to navigating the intersection of personal injury law and workers' compensation after a work-related car accident occurs.
- Workers' comp coverage eligibility depends on job nature, location, and reason for travel. Exceptions exist for certain circumstances.
- After an accident, seek medical care & legal counsel immediately to protect your rights & ensure proper compensation.
Determining Workers' Comp Eligibility for Work-Related Car Accidents
Determining whether you're eligible for workers' compensation after a work-related car accident can be complex.
Most workers' comp is designed to cover work injuries sustained while performing job duties, but the lines can get blurry when it comes to car accidents that occur during work-related travel [1].
In this section, I will delve into the factors that influence workers' comp coverage and explore some notable exceptions to coverage.
Factors Influencing Workers' Comp Coverage
Various factors can impact your eligibility to be covered by workers' compensation from the insurance company after a business trip.
Some of these factors include the nature of your job, the location of the accident, and the reason for your travel.
The laws regarding Worker's Compensation in the state where the work-related accident happened will apply to your case instead of the laws of your home state [2]. This is unless you were traveling within the same state.
While workers' compensation is designed to cover most work-related injuries, some exceptions exist. Injuries resulting from intentional acts, illegal activities, or intoxication are not covered by workers' compensation [3].
If you ran a personal errand during work hours and had an accident, your employer might not be held liable, as your actions were not directly related to your job duties.
Related Article: Tips to Improve the Chances of Winning a Workers’ Comp Case
6 Steps To Take After A Car Accident While Traveling For Work
If you are involved in a car accident, acting quickly and taking the appropriate steps to protect your rights and interests is essential.
This section will outline the six steps you should take following a work-related car accident.
1. Seek Medical Attention
The first and most important step after a car accident while traveling for work is to act quickly and seek medical care.
Even if you don't feel any immediate pain or discomfort, getting a thorough medical evaluation is essential, as some serious injuries might not immediately present symptoms.
Prompt medical attention can ensure your well-being and provide crucial documentation for future workers' compensation or personal injury claims.
Read Also: What Doctor to See After a Car Accident?
2. File A Police Report
Once you've sought medical care, the next step is to file an accident report. This is an essential step, as it provides an official account of the accident and can serve as valuable evidence in future legal proceedings.
Related Article: Can You File a Workers Comp Claim After Termination?
3. Notify The Rental Car Agency
If you were driving a rental car during an accident, you must immediately notify the rental car agency. This ensures the agency knows the situation and can take the necessary steps to recover, repair, or replace the vehicle.
4. Exchange Contact Information With The Other Driver
At the auto accident scene, exchanging contact information with the other driver is important. This includes their name, contact details, driver's license number, and the vehicle's make, model, and year. Additionally, exchange license plate numbers and insurance information with the other driver.
5. Document The Accident Scene
Documenting the accident scene is crucial in preserving evidence and supporting your claim.
This includes taking photographs of any injuries you have sustained, shots of where the accident occurred, and any property damage.
If there were any witnesses to the accident, it's important to gather their names and contact information.
6. Contact Your Employer
Once you've completed the steps mentioned above, it's crucial to inform your employer about the accident. This is an important step because it allows your employer to take any necessary actions, such as filing a workers' compensation claim on your behalf or providing support and assistance during your recovery.
Related Article: Car Accident Lawsuit Update
"These are the individuals or entities who can be held responsible for their actions in a personal injury lawsuit, which covers a wider range of damages, including lost wages, reduced earning capacity, medical expenses, mental anguish, pain and suffering, and more."
- Mark D. Prince, Founding Attorney at Prince Law Firm
Related Articles:
See all related personal injury and accident lawsuits our attorneys covered so far.
FAQs
What Are The Types Of Damages You Can Recover?
The type of damages you can recover generally fall into two categories, general and special. For example, they can include your monetary losses, including your medical expenses, from your hospital stay to your follow-up care and medications.
Does An Accident In A Work Vehicle Affect Personal Insurance?
An accident in a work vehicle does affect your insurance, depending on your coverage. If workers' compensation insurance covers you, it's unlikely that you will need to file a claim with your insurance provider.
Does workers' compensation cover car accidents while traveling for work?
Yes, workers' compensation may cover injuries sustained in a car accident while performing work duties. This can include medical expenses and lost wages.
How does fault impact a work-related car accident claim?
Fault can affect liability and insurance claims. If you are found at fault, your employer's insurance may cover damages, but it could also impact your employment and compensation.
Contact A Personal Injury Attorney For A Free Consultation
Understanding your rights, responsibilities, and the steps to take after an accident is crucial to ensure you pursue and recover compensation.
If you need assistance, don't hesitate to contact Schmidt & Clark, LLP for a free consultation to discuss your case and explore your legal options.
Our attorneys can pursue compensation from insurance companies, initiate a lawsuit if necessary, and represent you in court. Don't hesitate to reach out to discuss your case and explore your legal options in a free consultation.
References:
- https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
- https://www.dol.gov/general/topic/workcomp
- https://www.bls.gov/mlr/1994/01/art4full.pdf