Workers’ compensation exists to prevent those who are injured or fall ill at work from suing their employers for negligence in personal injury lawsuits. As long as the injury or illness is causally related to workplace activities, workers’ compensation coverage is applicable.
However, there is some question as to whether workers’ compensation insurance is available to those injured while driving on the clock. We have all the answers below.
Workers’ Compensation When Driving for Work
Imagine you are driving while on the clock, delivering documents to a local accountant on behalf of your boss. Your vehicle is rear-ended by a large truck. You lose control of your car and smash into a telephone pole. The crash totals your vehicle and gives you a concussion, whiplash, and a broken wrist.
In the scenario detailed above, workers’ compensation is applicable. As long as the person driving the automobile is on the clock, insurance is applicable. Such an injured worker also has the right to pursue financial indemnity payments for the scheduled loss of use of a body part, prescription medication, and durable medical equipment. It might even be possible to sue the negligent driver who caused the accident.
Workers’ Compensation Coverage When Driving to and From Work
If you are driving to or from work before or after clocking in or out, you are not covered by workers’ compensation insurance in the event of an accident. Risk when driving to get to work and return home or elsewhere while not on the clock falls on the individual as opposed to the employer.
If you are involved in a car accident in such instances when off the clock, your personal automobile insurance is the only form of coverage available. However, there is an exception when one is paid for his or her commute time. If your employer provides financial compensation for commuting to or from work, workers’ compensation coverage may be applicable in the event of an accident.
There are also some situations in which employees provide transportation to/from work in the form of carpooling in vehicles owned or operated by employers. If a vanpool, company bus, or other vehicle used for carpooling to or from work is involved in an auto accident, workers’ compensation coverage is likely applicable.
Aside from the hypothetical scenario detailed above in which employees drive company cars for deliveries, accidents commonly occur on business trips that involve driving. Some part-time and full-time drivers are chauffeurs for company personnel, driving those individuals to and from job sites.
Plenty of sales professionals are on the road with regularity. Such professionals spend a significant percentage of their time driving for work and do not have a permanent office. However, if such an individual is driving on a lunch break or other break and an accident occurs, workers’ compensation coverage is not applicable.
Breaking the Law and Company Policy
If you’re found negligent and violating the law, workers’ compensation coverage might not be applicable. As an example, injuries suffered by a driver who is on the clock and drinking alcohol while driving or otherwise acting recklessly are not covered by workers’ compensation coverage.
Moreover, some employers have specific policies governing driving on the clock. If it is found you violated company policy while behind the wheel, workers’ compensation coverage is not applicable.
Coverage for Auto Accidents While Working
A car crash while on the clock is an unfortunate and potentially life-changing event, yet the financial burden is not wholly on the victim. Workers’ compensation benefits for those injured while driving on the clock apply to:
- Lost wages
- Diminished earning capacity
- Scheduled loss of use of one or several body sites
- Prescription medication
- Durable medical equipment
- Vocational rehabilitation
You could potentially demand more for damages, though workers’ compensation coverage available through one’s employer typically doesn’t apply to pain, suffering, and damage to one’s vehicle. If the accident proves fatal, the family of that employee is eligible to collect death benefits that typically take the form of monetary indemnity payments.
The Potential for a Personal Injury Lawsuit
As mentioned above, the purpose of workers’ compensation is to prevent injured employees from suing their employer. Such a lawsuit has the potential to cause a business bankruptcy that permanently shuts its doors and renders hardworking people unemployed. However, there might be the potential to sue a negligent driver.
If a negligent driver is the cause of the accident, consider meeting with a personal injury attorney to explore the possibility of a civil claim. Civil claims are completely separate from workers’ compensation claims. A civil claim against the driver or his or her insurance company creates the potential to recoup money for car repairs, pain, suffering, medical bills, and more.
Contrary to popular belief, it might not be necessary to pick either a third-party civil claim or a workers’ compensation claim. It is possible to pursue both claims at the same time. However, it must be noted that if a third-party civil suit is filed, you might have to pay back a portion of your workers’ compensation benefits. The logic in these rules is that one cannot be compensated twice for one loss, as two payments constitute a double dip that pays for a medical bill two times.
Proving Fault for an Accident While Driving for Work
For the most part, fault for an accident while driving on the clock does not matter in the context of eligibility for workers’ compensation coverage. However, if you break the law or company policy and that violation is obvious or egregious, the claim might be denied.
Even if the accident is partially your fault or completely your fault, your workers’ compensation claim might be approved. However, it is not in your interest to apologize to the other driver involved in the accident or indicate the accident was your fault. Say as little as possible when exchanging contact information with the other driver. The bottom line is pinpointing someone to blame is not the central issue after being hurt while driving while on the clock.
FAQ
Q: What should I do after a car accident while on the clock?
A: Safety and health are your top priorities. Once you are out of harm’s way, contact the individual in the organization responsible for handling workers’ compensation claims.
Q: Are all driving accidents that occur while working covered by workers’ compensation?
A: No. If the employee was negligent or in violation of the law or a company policy, there is a chance that the workers’ compensation claim will be denied.
Q: Is workers’ compensation coverage applicable to auto accidents that occur on the way to work or after work hours?
A: No. Unless the employee is driving a company-owned vehicle for carpooling purposes or traveling on a business trip, workers’ compensation coverage will not apply.
Q: Can I file a workers’ compensation claim and a personal injury claim?
A: It is possible to file both types of claims. Meet with a personal injury attorney and workers’ compensation attorney for a case review that determines your best course of legal action. Be aware that employers have the potential to put a lien on a personal injury settlement if your workers’ compensation benefits are approved.
Contact Gomez Trial Attorneys Today
For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.