Are Car Crashes Covered by Workers’ Comp?
- Posted by Taylor Ernst on
- May 7, 2018
When people think about workers’ compensation and the accidents that lead to claims, they often think about injuries caused by malfunctioning machines or their improper use on the factory floor. In other instances, people’s minds may turn to slip and fall injuries. But what happens when someone is involved in an accident in the company car?
While most people may not consider a car accident leading to a workers’ compensation claim, they can and do. In certain circumstances, a person who is injured in a collision may be eligible for compensation. Here is what you need to know about how a car accident in a company car can lead to a workers’ compensation claim.
Compensation is for Work-Related Injuries
People who are injured on the job are covered under their employer’s workers’ compensation insurance. Victims may be able to recover lost wages, medical expenses and other costs associated with their injury and recovery. An injury doesn’t necessarily have to occur at the worksite to be covered. If a person is off-site and acting within the scope of their duties, their financial losses may be recovered through workers’ compensation. An employee involved in a car accident may be covered if they are:
- Delivering items
- Running an errand for their boss
- Driving a co-worker for work purposes
- Traveling for work that is being compensated
On the other hand, an employee who is involved in an accident on their lunch break or during their commute to or from work probably won’t be . These times are considered an employee’s “own” time, and the employee would have to file a claim with their own insurance company.
Workers’ Compensation is No-Fault
Unlike other types of insurance, workers’ compensation doesn’t consider fault when deciding when to payout on a claim. Even if the accident was the fault of the employee, workers’ compensation would still pay benefits as long as the person was eligible.
There is an exception to this rule. If the employee involved in the accident was under the influence of alcohol or narcotics at the time of the accident, their claim will likely be denied. Of course, every situation is unique, and any person who is in an accident while on the clock should follow the appropriate steps in filing a claim.
Filing a claim doesn’t mean that a person will be approved. Workers’ compensation claims are denied every day for different reasons. People who have been denied often give up their claim, assuming they have no recourse. A person always has the right to appeal a denial, and they may wish to secure the assistance of an experienced attorney.
If you need assistance with a workers’ compensation claim in San Luis Obispo, please reach out to our team. We will help you schedule a free case evaluation and talk to you about your legal options. If your claim has been denied, we can help you appeal the decision. Call us today. You don’t have to experience financial difficulty due to a work accident.