Work injuries can occur at any time and affect anyone. They can take many different forms, including slip and fall accidents, amputations, electrocution, and more. But what if you’re in a company car making deliveries or performing other tasks? You still have a right to recover workers’ comp.
Do Workers’ Comp Benefits Cover Accidents On the Job?
According to Ohio’s Bureau of Workers’ Compensation (BWC), workers are eligible for workers’ compensation benefits if they have suffered a work-related injury or illness. The injury or illness must have been sustained during their employment or because of their work. This, therefore, includes injuries sustained in car accidents.
Can I Pursue Workers’ Comp Benefits for My Car Accident Injuries?
Work-related car accidents are the leading cause of work-related injuries and deaths. A National Institute for Occupational Safety and Health (NIOSH) study revealed that 22,000 workers in the country were killed in work-related accidents between 2003 and 2014.
For workers injured in a car accident to be eligible for workers’ compensation benefits, they must have been carrying out duties related to their tasks at work. Commuting to work is rarely considered work-related. Some common examples of work-related travel include:
- Making deliveries
- Running an errand related to your work
- Driving another employee for work purposes
- Driving to a job site or meeting
- Traveling for work
What if the Accident Was Partially Your Fault?
Suppose you are an employee injured in a car accident while on the job. In that case, you’re eligible for workers’ compensation benefits even if you were partially responsible for the accident. Workers’ compensation is a no-fault system.
This means that you don’t have to prove fault to determine liability. Compensation will be given if you are an employee and were injured while carrying out your work tasks.
When Does Workers’ Comp Not Apply?
Not everyone injured in a work-related car accident is eligible for workers’ compensation. There are several instances when employees may have their claim denied or may not even be able to apply for workers’ compensation. Some common examples include:
- You were not on the job at the time of the accident
- You are an independent contractor
- You violated company policy, or the accident was a result of gross negligence or misconduct
Can You Still Pursue an Injury Claim?
It is possible to pursue a personal injury claim for a work-related car accident even after receiving workers’ compensation benefits.
Whether you were an independent contractor or employee at the time of the accident, you can file a personal injury claim against any third party that may have caused or contributed to causing the accident.
For example, if the accident was a result of another driver’s negligence, you can seek compensation from their personal insurance. If the accident was caused by faulty parts or mechanical failure, you could recover compensation from the manufacturer.
Get the Compensation to Recover
At Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, we’ve helped many workers recover the compensation they need to recover from their injuries. We can help you too.
Contact us to schedule a consultation with an experienced and knowledgeable attorney from our law firm and take the first step to pick up the pieces after your accident. Use our online form or call 419-625-7770.