When a person suffers an injury in a car accident while at work, one of their first questions is often whether or not workers’ compensation will cover their damages. The answer is that it depends on the specifics of the use of the vehicle at the time of the accident. Keep reading to learn more about what this means for you, and then contact The Law Offices of Larry H. Parker at 562-222-0146 for a free legal consultation.
Injured Employees Generally Qualify for Care if The Accident Occurred During the Regular Scope of their Employment
Generally speaking, if an employee was involved in the accident while in the course or scope of their employment, then their damages will be covered by workers’ compensation. Factors that the workers’ compensation insurance company will consider include if the employee was driving from one work location to another, if the trip involved deliveries or errands for their employer, and if the trip involved transporting other employees for business purposes.
Situations in Which Workers’ Compensation is Not Likely to Cover Damages
On the other hand, if a worker deviated from their work-related route in order to run their own personal errands, then their damages would not likely be covered. Likewise, if the accident occurred during their commute to or from work, then it is likely not covered. Note that in accidents involving commutes, there are some exceptions, so it’s important to talk to your attorney to determine what your options are.
It Does Not Matter Who Was at Fault in a Workers’ Compensation Case
One of the good things about workers’ compensation cases is that they apply regardless of who was at fault. In a typical car accident case in California, you would have to prove that the other party was at fault and/or negligent for the accident in order to collect compensation for your damages. This is not the case with Workers’ Compensation.
Instead, this type of coverage allows you to receive payment for medical bills and a percentage of your injuries even if you cannot prove that someone else was at fault. Even if you were at fault, you are eligible for workers’ compensation benefits.
What to Do if You Are Injured in a Car Accident While Working
The first step is to get medical care to ensure you are safe. Once you have done that, you will need to file a work injury report with your employer. They will then file a claim with their workers’ compensation insurance company. This can be a difficult process but remember that there are those of us out there who can help.