It’s scary when a car accident happens while you’re on the job. If you’ve been involved in a work-related car accident, you may be qualified for compensation from workers’ compensation coverage. After an accident, navigating the complexities of workers’ compensation can be overwhelming.
This article will cover workers’ comp eligibility, benefits, insurance overlap and next steps. If you are a victim of a car accident while on the job and need to file a claim with workers’ compensation insurance, Tom Ueberschaer can help. Have questions about your workers’ comp claim? Tom can help—learn more here.
When a Car Accident Is Covered by Workers’ Compensation
Workers’ compensation car accidents occur when an employee is injured in a vehicle-related accident while performing job-related duties. Although driving while commuting to and from work is generally not covered, here are some common situations that may qualify:
- Driving as part of your job (delivery, sales, home health, construction)
- Traveling between job sites
- Running an errand for your employer
- Using a company vehicle
Situations That Are Usually Not Covered
Here are some situations that are usually not covered by workers’ comp insurance:
- Driving to or from work for personal reasons
- Running personal errands or going to lunch
- Accidents caused by intoxication or serious misconduct
Misclassification of an employee (employee vs. contractor) can complicate coverage, so it’s important to know your employment status when you’re filing a claim.
What Workers’ Compensation Can Cover After a Work-Related Car Accident
Workers’ compensation insurance is generally no-fault, meaning that you may be able to make a workers’ comp insurance claim even if you are found at fault in the accident. Here are some examples of costs that workers’ comp will cover:
- Medical treatment related to the injury
- Partial wage replacement if you miss work
- Disability benefits for more serious injuries
Workers’ Comp vs. Car Insurance After a Work-Related Crash
Florida is a no-fault car insurance state, and all drivers are required to carry Personal Injury Protection (PIP). This insurance covers medical expenses and lost wages after a car accident, regardless of who is at fault.
If you are injured in a car accident while on the job, workers’ compensation insurance may apply instead of or in addition to PIP/auto coverage. In qualifying cases, workers’ comp insurance can provide broader medical coverage, so it’s important to navigate this situation carefully.
What If Someone Else Caused the Accident?
Workers’ compensation may apply even if another driver was at fault. Keep in mind that workers’ comp does not cover pain and suffering, but a separate claim against the other driver’s insurance might.
The details of each claim and what is covered by each insurance policy involved vary — this is part of why it’s essential to engage with a lawyer if you’re involved in a car accident.
Steps to Take After a Work-Related Car Accident
If you’re involved in a work-related car accident, taking swift action can help you during the claims process.
- Seek medical attention right away. Seeking immediate medical attention is good for your body and your claim.
- Report the accident to your employer as soon as possible. Very likely, your employer has a specific procedure for reporting car accidents. Follow this procedure to ensure that your employer is aware that the car accident occurred.
- Call the police and request a police report. Filing a police report will help with your claim. Documentation, such as a police report, can provide evidence of the accident and may be used to determine fault.
- Document the scene and injuries if you can. Take pictures of the scene as well as your injuries.
- Keep copies of medical records, bills and correspondence. Having evidence of your expenses can help when you’re ready to claim damages. Keep copies of all bills and expenses related to the car accident.
How Tom Helps with Workers’ Comp Car Accident Cases
Clients come to Tom Ueberschaer to help with their workers’ comp claims because Tom offers direct, one-on-one communication. Working directly with an experienced attorney can help determine whether the accident qualifies as work-related. Tom offers guidance throughout the workers’ comp process and assistance if a claim is delayed, denied or disputed. When you work with Tom, you won’t pay any fees unless benefits or compensation are recovered. To find out more, contact us.
FAQs
Workers’ comp can cover car accidents in Florida if you are injured on the job as a result of a car accident.
Typically, workers’ compensation is no-fault, so even if you are found at fault, you are likely to be covered by workers’ comp.
Depending on the specifics of your injury and the accident, workers’ comp may be used instead of your car insurance policy. In some cases, both policies may be accessed.
Workers’ comp benefits can cover:
- Medical treatment related to the injury
- Partial wage replacement if you miss work
- Disability benefits for more serious injuries
If you’re involved in a car accident while on the job, talk to an attorney to determine whether you’re entitled to damages or a claim.
Need Help With a Car Accident-Related Workers’ Comp Claim? Ask Tom
Workers’ comp car accidents can be complicated. Clients come to Tom Ueberschaer because they desire the clarity, personal attention and honest guidance that Tom can provide. If you’re seeking to understand your options without pressure, contact us today.