Can You Get Workers’ Compensation for a Transportation Accident at Work?

You’ve been hit by a car while driving for work – either in your car or the company vehicle. What happens now? If you were performing work-related duties at the time of the accident, it’s likely that you’ll be able to collect workers’ compensation benefits. On top of that, you may be able to pursue a third-party claim against the other driver if the accident was their fault. This can help you get the medical care you need so you can recuperate and get back to work.

If this is your first time collecting workers’ compensation, you may be unsure of what to do next. We’re here to help. Call Thiry & Caddell at 251-478-8880 to schedule a consultation now.

Was the Accident Work-Related?

To qualify for workers’ compensation, you’ll need to prove that the accident was work-related. In most cases, this means that you cannot seek compensation from your employer if you were driving to work or if you were driving home from work. This is considered your normal commute and is not part of your job.

However, there are exceptions. For example, if you stopped on the way to work to pick up something for a client or get workplace supplies, an accident that occurred after that point may be considered work-related.

An accident is considered work-related if you were engaged in tasks that are part of your regular work duties. This may include making deliveries, driving another employee as requested by your employer, traveling between worksites or clients’ homes, or running errands for your employer.

The Benefits of a Workers’ Compensation Claim

People often wonder about the benefits of filing for workers’ compensation instead of a third-party claim. First, know that you can do both—you don’t give up your right to pursue a third-party personal injury claim by collecting workers’ compensation.

Second, there are benefits that come with filing for workers’ compensation. The burden of proof is much lower than it is for a personal injury claim. You do not have to prove that someone else caused the accident or that your car malfunctioned to recover medical expenses and partial income replacement. This means that you may start receiving benefits much more quickly, allowing you to continue meeting your financial obligations.

Another huge benefit that comes with workers’ compensation is that it likely does not matter if the accident was your fault. If you file a personal injury claim for an accident that was even partially your fault, you will generally leave without any compensation. However, workers’ compensation does not require you to prove someone else’s negligence (or your own innocence in most cases).

Mistakes happen, and as long as the accident was work-related, you are likely still entitled to compensation. This may not be the case if you were under the influence of drugs or alcohol at the time of the crash or you were in violation of another company policy.

Third-Party Claims

What role do third-party claims play in work-related car accidents? In most workplace accidents, you cannot file a personal injury claim against your employer. The workers’ compensation system bars you from filing a claim against your employer or a co-worker. But when there is a third party involved, you still have the right to seek compensation from them. Another driver is the perfect example of a third party.

Many people choose a two-pronged approach when seeking compensation after a work-related car accident. They report the accident to their supervisor immediately and get the ball rolling on workers’ comp benefits, so there’s minimal gap between payments. At the same time, they start working with an attorney on a personal injury claim against the negligent driver.

This approach may allow an injured to recover more money for lost wages, property damage, pain and suffering, and other losses. If the personal injury claim is successful, workers’ compensation may be reimbursed for some or all of what they paid out to you.

Explore Your Options with Thiry & Caddell

Deciding what type of claim to file and where to start can be confusing, which is why we’re here. We’ll help you understand your rights under the workers’ compensation system and begin the claim process if you can file a third-party claim. To set up a consultation, contact our team online or call us at 251-478-8880.