Car accidents during work hours are more common than people realize. Delivery drivers, sales reps, contractors, and many others spend a good part of their job on the road. If you’re hurt in a car accident while working, the legal questions can get tricky. Issues around workers’ compensation, whether you can sue the other driver, or if both options apply, can come up. Understanding how the law treats these situations is important if you want to recover the compensation you deserve for your injuries and knowing whether you need a Los Angeles work injury attorney or a car accident lawyer can help.
When Is a Car Accident Considered Work-Related?
When a car accident happens on the clock, figuring out if it counts as work-related is the first step. Certain types of driving are usually recognized as job duties:
- Driving between job sites: If your employer asks you to travel from one work site to another during your shift, an accident along the way is almost always treated as work-related.
- Making deliveries: Getting into a crash while dropping off packages, food, or anything your employer pays you to deliver would be considered work-related.
- Operating a company vehicle: Driving a vehicle owned by your employer for any business purpose puts you under the protection of work-related accident laws in most cases. There’s one main exception: commuting.
Driving to and from your regular workplace is not usually covered by workers’ compensation, unless there’s an unusual exception or you’re running an errand for your boss while on your way.
Do I Qualify for Workers’ Compensation After a Work-Related Car Accident?
Most employees hurt in the course of their job are entitled to these benefits, no matter who was at fault for the accident. This includes car accident cases. If you’re eligible, you should be able to collect the following benefits:
Medical bills
Workers’ compensation pays for your hospital visits, doctor appointments, medications, and necessary treatment that relates to the work injury.
Partial Lost Wages
If your injuries keep you from working, you may receive payments that replace a percentage of your missing paycheck until you’re able to return.
Disability Benefits
If your accident results in lasting injuries or permanent limitations, workers’ compensation could provide extra benefits based on your disability level.
Rehab and Recovery
Physical therapy, job retraining, and similar rehabilitation services are also typically covered to help you get back on your feet and, if needed, transition to a new job.
Most employees can rely on these benefits after a work-related vehicle accident to cover their needs during recovery.
Can I File a Personal Injury Claim Too?
If another driver caused your work-related car accident, you might have options beyond workers’ compensation. In many cases, you can file a personal injury claim (referred to as a third-party claim) against the at-fault driver as well. When you file a personal injury lawsuit, you’ll be entitled to additional compensation than what you can collect through workers’ compensation.
Pain and Suffering
Workers’ compensation does not pay for pain or physical discomfort. If you pursue a personal injury claim, you can ask the other driver’s insurance to cover things like lingering pain or changes to your everyday life.
Full Lost Wages
While workers’ comp pays a portion of your missing income, a personal injury claim could help you recover all the wages you missed because of your injuries.
Emotional Distress
Dealing with anxiety, depression, or changes to your mental health after a crash can be overwhelming. Personal injury lawsuits allow you to ask for compensation for emotional distress, which is not available through workers’ comp.
Generally, filing a claim against the at-fault driver does not prevent you from collecting workers’ compensation benefits as well. The rules can be somewhat complicated, so make sure you always speak with a lawyer to learn exactly what you’re entitled to. Contact us today to schedule a free consultation with a lawyer from Grey Law.