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Normally, if you are hit by another driver on the road, you can look into filing a personal injury claim against them. But what happens when a collision occurs while you’re on the job? If you’re wondering how workers’ compensation laws play into this scenario, review these frequently asked questions.

4 FAQ About Workers’ Compensation & Car Accidents

When are car accidents covered under workers’ compensation?

To file for workers’ compensation, you need to have been injured at your place of work, or while completing certain work-related activities. Therefore, the car accident must have occurred when you were driving for your job—such as if you were delivering flowers for the florist you work for. 

Other examples include transporting a co-worker and running an errand for your employer—for example, if your boss sent you to the bank to pick up some checks. 

What if I drive for a living?

If you drive for a living, the car is, in effect, your place of work. Therefore, an accident that occurs while you’re driving or sitting in the parked vehicle could be considered work-related.

workers compensationExamples include long-distance truckers, rideshare employees, and taxi or limo drivers. If you don’t only drive for a living, but your employer pays you for the time you spend in transit, you might also be eligible for workers’ compensation after a car accident.

How does workers’ compensation differ from a personal injury claim?

When you file for workers’ compensation, you are usually forfeiting your right to file a personal injury lawsuit against them. This protects employers from drawn-out legal processes and ensures employees receive benefits for their lost wages.

However, in the case of a car accident, you won’t be filing against your employer— you’ll be aiming to receive compensation from the driver who caused the accident. You could either negotiate with their insurance company for compensation or file a personal injury lawsuit against them.

Why might I want to file a personal injury claim?

When you file for workers’ compensation, you can only receive compensation for damages that can be calculated. For example, you may receive funds to cover your hospital bills and other medical costs, as well as the wages you can no longer make at work.

But with a personal injury case, you can also push for compensation for “pain and suffering”—the mental and emotional anguish you suffered because of the injuries. While you should be able to file both (the workers’ compensation claim and the personal injury lawsuit), your employer may be able to take some of the compensation you make from the settlement with the at-fault driver.

 

If you’re not sure which path to take after your work-related car accident, Danny E. Darnall, Attorney at Law is here to help. Since 1976, this trusted lawyer has been helping clients obtain damages where they’re due. Whether your employer, a passing driver, or a speeding motorcyclist was to blame for your injuries, Attorney Darnall will examine every detail of the case and fight for your best interests. To learn more about his areas of practice, visit the website. You can also schedule an appointment by calling (270) 769-9179 today.

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