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Company Vehicle Accidents
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Company Vehicle Accidents and Workers' Compensation
On-the-job injuries aren’t restricted to your employer’s facilities. Many workers sustain severe injuries from auto accidents while operating a vehicle in an official capacity as part of their job. This situation raises the question of whether you qualify for a workers’ comp vehicle accident claim. To help you answer that question, the best thing to do is to reach out to an experienced work-related car accident lawyer.
The workers’ compensation attorneys at Kanner & Pintaluga have the experience and resources to give your workers’ comp and third-party auto accident injury claims the greatest chance of success.
What Counts as a Work-Related Vehicle Accident?
One of the most common questions we are asked is, “Does workers’ comp cover car accidents while working?” For an accident to be covered by workers’ compensation, it must have occurred while you were acting within the scope of your employment. Courts and attorneys use this standard to determine whether your actions at the time of the incident were part of your job duties.
Scope of Employment, Company Vehicles, and Exceptions
If you are performing a regular part of your job or some other task for your employer, you are likely within the scope of your employment. Tasks such as driving a delivery truck, traveling between job sites, or visiting clients clearly qualify. However, the lines between work duties and personal activities can sometimes be blurry.
Consider the coming and going rule, which applies in many of the 18 states where Kanner & Pintaluga provides legal services. In many implementations, this rule states that your regular commute from home to your primary workplace is not considered a work-related activity. But again, there are exceptions.
For example, if you don’t have a fixed office and travel directly from home to various job sites (such as a plumber or a traveling salesperson), your travel expenses may be covered. Similarly, if your employer asks you to run a special work-related errand on your way home, such as dropping off a package at the post office, an accident during that part of the trip might be covered.
Driving a company-provided vehicle can also be a factor in determining whether the accident is work-related.
Workers’ Comp Benefits After an On-the-Job Crash
If workers’ compensation covers your vehicle accident, you are entitled to specific, no-fault benefits. In this context, “no-fault” means you can receive these benefits regardless of who caused the crash. If covered, you are entitled to prompt medical care and wage support, among other benefits.
Medical Care, Wage Replacement, and Permanent Benefits
Workers’ comp should cover 100% of all reasonable and necessary medical treatment for your injuries. In most jurisdictions, emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and medical equipment are all considered reasonable and necessary medical expenses.
If your injuries prevent you from working, you are entitled to temporary wage replacement benefits that cover a portion of your lost income. Typically, this is approximately two-thirds of your average weekly wage, although the minimum and maximum amounts can vary by state.
Then there are permanent benefits. If your injuries result in a permanent impairment, you may be entitled to permanent partial or permanent total disability benefits. These benefits are meant to compensate you for the loss of function or the inability to return to work.
Reporting and Evidence That Support Your Claim
Injured employees are often confused about reporting a work-related car accident to workers’ comp — how they report it, when they should make the report, and who should receive it.
After a work-related crash, you must immediately report the incident to both the police and your employer. Across all the states our attorneys cover, prompt reporting is a legal requirement for workers’ comp claims.
You should also begin gathering all evidence as soon as you can. You’ll need it to prove the facts of your case to both the workers’ compensation insurer and a third-party’s auto insurer (if applicable).
Photos, Police Reports, EDR, Dashcams, and Witnesses
So, what counts as evidence? Here’s a list of things that qualify:
- Photos and videos: Use your smartphone to document the accident scene, damage to all vehicles, skid marks, road conditions, and your visible injuries.
- Police report: The official report contains the officer’s initial findings, diagrams, and contact information for other drivers and witnesses.
- EDRs and dashcams: Many commercial vehicles are equipped with event data recorders (EDRs, also referred to as “black boxes”) or dashcams. The data collected by either electronic device can provide objective proof of speed, braking, and the moments leading up to the collision.
- Witness information: Get the names and phone numbers of anyone who saw the accident. Independent witness testimony can be incredibly persuasive.
Light Duty, IMEs, and Returning to Work
The main goal of the workers’ compensation system is to help you recover and return to work as soon as you are able. Your treating physician will determine when you should return and if you have any physical limitations that require adjustments to your regular duties.
Restrictions, Accommodations, and Disputes
Your doctor may impose some work restrictions that could impact how you do your job. For example, they may place a restriction of “no lifting over 15 pounds.” If these restrictions prevent you from doing your usual work, your employer must try to provide a light-duty job as an accommodation. If they can’t, you should continue to receive wage loss benefits.
The insurance company may require you to attend an independent medical examination (IME) with a doctor of their choosing. This doctor will offer a second opinion on your condition and ability to work.
Disputes often arise when the IME doctor disagrees with your treating physician and says you should return to work before you are fully recovered. Our attorneys can help challenge an IME opinion, if necessary.
Can You Also Sue a Third Party?
While workers’ compensation is the only way to hold your employer responsible (meaning you can’t sue your boss or a co-worker), it does not protect a negligent third party who caused your accident.
Fault by Non-Employees
If your on-the-job crash was caused by someone who is not your employer or a co-worker, you have the right to file a separate personal injury lawsuit against that at-fault party. Examples include:
- A distracted or drunk driver who hit your company van.
- A mechanic whose faulty brake repair caused your truck to crash.
- The manufacturer of a defective tire that blew out.
A third-party lawsuit allows you to pursue damages that workers’ comp doesn’t cover, most notably pain and suffering, which can be the most significant part of a serious injury claim.
Who Can’t Receive Workers’ Comp?
Because of the coming and going rule, getting in an auto accident while commuting to work typically doesn’t qualify for workers’ compensation. However, there are some exceptions, such as if the employee is traveling as part of their work duties or if they are injured in a company-owned vehicle.
But suppose an employee is injured while engaging in illegal activities or while committing a crime. In that case, they may not be eligible for workers’ compensation benefits, even if operating a vehicle is part of their job description and they were driving for work at the time of the accident. A common example is if a worker was injured while driving recklessly or under the influence while transporting equipment or traveling between jobsites. In that case, they are unlikely to receive workers’ compensation benefits.
Alternatively, if an employee is injured while engaging in activities unrelated to their job duties, they may not be covered. For example, if you leave work on a personal errand and get into an accident, you may not be eligible for workers’ compensation.
Examples of instances where a vehicle accident would qualify as a workplace injury include:
- A delivery driver is involved in an accident while making deliveries.
- A construction worker was injured by a moving construction vehicle on the job site.
- A salesperson traveling to meet a client in a company car or their personal vehicle, if authorized by the employer.
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Aggressive Workers’ Compensation Attorneys Who Fight for Maximum Compensation After Work-Related Car Crashes
At Kanner & Pintaluga, we have extensive experience representing injured workers in both their workers’ compensation claims and auto accident claims. We will work diligently to maximize your reimbursement, allowing you to focus on your recovery with peace of mind.
Call (800) 586-5555 to discuss your case with an accomplished workers’ compensation attorney during a free consultation today.
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The team at Kanner & Pintaluga understands how frustrating being involved in a car crash can be. Losing your transportation, having to take time off work to recover, being unable to pay bills due to lost wages, and dealing with the pain and suffering of serious injuries can significantly decrease your peace of mind and quality of life. Call today for a free consultation.