If a worker is riding in a vehicle for job-related duties and is injured in a car accident, they may be able to file a workers' compensation claim. This is a benefit system that ensures injured workers have the resources they need to recover while protecting employers from legal liability. Like many areas of workers' comp, the subject of work-related car accidents can be a complex one to navigate. Below are answers to common questions that can shed more light on this topic.

What to Know About Workers' Compensation After a Collision

What qualifies as a work-related car accident?

You have to be at work—on the clock, so to speak—and performing the duties of your job when the accident occurs. This means that accidents during the typical daily commute to and from work or while running personal errands over the lunch hour will not qualify.

Possible reasons for car travel during the course of the workday include making deliveries, attending meetings with clients, driving between work sites, and accompanying another employee on a job-related task. A worker who drives for all or part of their job, such as a trucker or courier, will almost certainly be covered under workers' compensation in the event of an accident.

Do I have to be driving to seek compensation?

No. You can be an injured passenger and still file a claim, as long as the travel was for a qualifying reason as discussed above.

I was at fault for the car accident. Can I still get workers' comp?

The workers' compensation system is a no-fault one, which means that the worker does not have to prove or disprove liability to obtain the needed benefits. So, even if you were 100% responsible for causing the accident, you may still be able to receive a payout.

Another driver caused the accident. Do I have any legal recourse?

Yes. You can file a personal injury claim against the at-fault party. This is an entirely separate legal matter from your workers' compensation claim and there are some considerations to bear in mind before pursuing a personal injury case. You will be juggling two distinct legal issues, so a lawyer's assistance is crucial.

Unlike a workers' comp claim, a personal injury claim requires you to prove liability. Also, in Nevada, the workers' compensation system has the right to be reimbursed from your personal injury damages for a portion of the benefits they contributed to.

Let an accident and injury lawyer guide you through every step of your case. Kidwell & Gallagher in Elko, NV, has been representing clients throughout the state for over 20 years. They offer legal services in all aspects of personal and work injury claims. Call (775) 738-1000 to schedule a consultation. Visit them online to learn more about their practice areas.