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Many people associate workers’ compensation claims with industrial injuries—accidents with heavy machinery, objects falling on somebody’s head, and so forth. However, a car is also a piece of heavy machinery, and with the rise of delivery services and rideshare apps, more people are using their cars for their jobs.
What happens if you get into a car accident on the job? Will workers’ compensation cover the associated costs? Let’s learn more about the process.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance policy that employers use to provide medical care and cash benefits to ill or injured workers. The illness or injury must be “in the course and scope” of the worker’s job, meaning it must have occurred directly because of a job-related incident.
Unlike other personal injury cases, a worker’s compensation claim does not require proof of negligence, whether on the part of the employer, the employee, or another party.
Proving Your Claim
In order to file a worker’s compensation claim for a car accident you had on the job, you must prove two main points:
- You were injured in the accident to the extent that you need medical care.
- You were performing within the course and scope of your job at the time of the accident. Perhaps you were making a food delivery or on your way to see a homebound client.
If your job compensates you for travel time to and from work, you may be eligible for workers’ compensation for an accident that occurs during that commute. Talk to an employment attorney in Boise, Idaho, for assistance in determining your eligibility.
What About Fault?
Workers’ compensation is a no-fault insurance policy. That’s the main difference between workers’ comp and personal injury claims. Even if you were at fault in the accident, you would still be able to collect workers’ compensation benefits to pay your medical bills. There is an exception to this rule if you were under the influence of drugs or alcohol or were involved in criminal activity at the time of the crash.
If you are found to be at fault in the car accident, workers’ compensation will still cover your expenses. Your employer’s liability insurance will pay costs for other drivers and anyone else injured in the accident. This is because you were on company time when the accident occurred.
Do you drive a great deal for work? Are you concerned about having a car accident on the job and wondering if workers’ compensation will cover the damages? If you were actively engaged in work-related activities at the time of an accident, talk to an attorney about your eligibility for workers’ compensation.
