Car Accident While At Work: Many people consider that workplace accidents are only those that occur in the workplace. However, if a person suffers an accident while driving a car during work hours, that can also be considered a reason to obtain work compensation.
If the worker is making a trip ordered by his employer, delivering products from the company, or transporting them to another employer, they can be considered qualified for compensation.
If you use the car as a way to earn a living or have no office of your own, there are many options to be considered for compensation in the case of a traffic accident.
When an employer pays his workers the trip between home and office, he may be entitled to pay for compensation during the event of an accident. However, if a worker does not receive any payment for the distance and time traveled between his house and his job, but is still tasked with some mandate that requires him to drive any vehicle, and results in having an accident during the trip, he can still receive compensation.
Civil claim vs Compensation claims
Workers’ compensation may include reimbursement for their medical expenses and the employee’s out-of-pocket expenses, as well as a portion of their lost wages. If the worker did not cause the accident, he may also file a claim against the other driver, or the car insurance that protected him, which is considered a civil claim.
When does employer liability arise?
Compensation for accidents at work is part of the legislation in force in the United States, which is why all workers should be informed of compliance.
The possibility of an accident at work is not less important than any other, as it will depend on the task that has to be performed and the type of work involved. However, these laws have been created to compensate the injured with money while they perform their work, they also protect employers and co-workers from liability, eliminating the liability of the partner and limiting the amount of money that can be demanded from an employer.
State laws are in charge of regulating these types of compensation; however, there are also federal regulations that are concerned with standardizing those jobs considered as interstate commerce.
The Federal Employment Compensation Act is in charge of covering federal workers. The compensation offered only takes place in the event of incapacity or death while the work is carried out, but it is an exception to occupational accidents caused by a state of intoxication or when deliberately caused by the affected person.
The Federal Employers’ Liability Act makes specific reference to railway undertakings engaging in trade deemed to be “interstate”, and states that they are responsible for any accident caused to workers when their part. This legislation is considered to be exceptional, as it is not a labor compensation law, but a rule that deals with the issue.
What is Vicarious Liability?
Vicarious liability is the responsibility of a subject in the event of failure to pay a debt by a third party. Since it is impossible for the worker to collect the compensation, the obligation is transferred to those who have pending payments with his employer.
If, after the accident, the worker dies, the Office of Workers Compensation Programs is responsible for applying all the rules applicable to the case, to the dependents of the deceased.
Should I let the Insurance Company Figure out the right compensation?
An injured employee is responsible for reporting a work-related injury to his or her employer in order to obtain workers’ compensation. Car Accident While At Work. It is often a complicated process, and several things can go wrong and leave an injured worker with benefits that are too low or flat rejected.
Here are five common mistakes to avoid if you have a workers’ compensation claim:
- Not hiring an experienced compensation attorney
You will benefit from the help of a specialized workers’ compensation lawyer; it will make the process much easier for you. In many cases, you will receive a better benefit agreement if you are well represented.
- Not reporting your accident.
Reporting your injury to your employer in writing, as soon as possible, is crucial in workers’ compensation claims. Be sure to follow your employer’s policies for reporting and responding to workplace accidents. If there is no policy, write a detailed report about the injury and how it happened. Provide all proof required to your supervisor, your company’s human resources department, and the health care provider or nurse of the company.
- Not filing a precise and timely claim.
Workers’ compensation claims begin by filing a form that must be complete and accurate. It must also be submitted within a certain time limit after the injury. A late form may prevent you from receiving benefits. An incomplete or inaccurate form can lead to a denial that delays the benefits.
One of the many services that Avrek’s law firm can provide is ensuring that your claim for benefits is complete and timely.
- Not fully explaining your injury to health care providers.
Your compensation benefits will be based on your medical records as well as the report of the accident done at your workplace. If a difference arises, the providers of medical services will be considered impartial, and their records will carry significant weight.
Let any doctor see you – in particular the insurance company doctor should inform you all about your accident and injury and how it has affected your life. This is not the time to appear strong.
- Not following your doctor’s instructions.
Compensation benefits are intended to assist injured workers while recovering. If you are seen as an obstacle in the way of your own recovery, your benefits may be denied or discontinued.
It is very important to keep all doctor appointments and follow the doctor’s recommendations for medical treatment and therapy. If you do not agree with the doctor’s directions (or your own doctor does not agree), there are steps that a lawyer from the Avrek law firm can help you take. In the meantime, you have to do what the doctor studying your claim tells you to do.
Special liability rules applicable to motor vehicle use
Under the “going and coming” rule, employers generally are not responsible for employees’ car accidents that occur during non-working hours, such as during commuting time. But exceptions that can result in employer liability may apply.
For instance, employers can be held liable when travel is “incidental” to job duties, such as when the employee is traveling to or from a company event, such as a picnic. If the employer requires employees to use personal vehicles for work, pays the employee for commute time, or the employee travels as part of his or her duties using a personal vehicle, the employer may be held liable for accidents occurring in said automobile.
A narrow “special risks” exception also may result in liability. This exception was applied in a case where an employee was involved in an automobile accident while driving home after suffering a work-related injury. Because the evidence revealed the employer had concerns about the employee’s ability to drive safely, the employer was held liable for the employee’s accident. Car Accident While At Work.