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I was just in a car crash; can I get workers’ comp?

| Oct 14, 2020 | Workers' Compensation

The answer to this question, like many things in the legal world, is that it depends. Those who are in a car crash and suffer serious injuries may qualify for workers’ compensation benefits in certain situations. This is generally an option if the accident occurred while you were on-the-job and using the vehicle for job-related duties.

What would qualify as a “job-related duty” while driving?

In some professions, the question is relatively obvious. If disputed, the courts would often side with truck and delivery drivers, for example, as driving is a job requirement. Other cases may not be as clear. Using a vehicle to make a work-related delivery, for example, could qualify. Other examples can include picking up or dropping off another employee or your boss for work related purposes as well as running errands.

What if I am driving my own car?

It is possible to get workers’ comp benefits even if driving a personal vehicle instead of a business vehicle. Do not let the fact that you were driving your own vehicle deter you from filing a claim for benefits.

Is there anything else I should know?

It is not uncommon for the workers’ compensation insurance provider to push back against the workers’ comp claim. The insurance company may try to argue that you were engaged in intentional misconduct or reckless behavior, such as driving while under the influence, and that these actions led to the accident. If successful, they could get out of providing coverage.

The insurance company may also try to argue that you were actually on a break or out to lunch at the time of the accident, both of which would result in a denial of the claim. Prepping for these and other, similar arguments can help you better ensure you receive the full benefits you are entitled.

 

 

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