Work-Related Car Accidents

Although each state has enacted different types of workers’ compensation regulations, all states define a work-related injury to involve an incident that is associated with some type of job-related task. The general rule is any type of accident that unfolds on the job is considered work-related. Work-related car accidents are much more complex when determining whether a car accident involved the completion of a job-related task.

For example, a pizza delivery driver who gets involved in an accident while delivering pizza is a victim of a work-related car accident. Running an errand for your employer also is considered one of the many types of work-related car accidents. Transporting a professional peer to the airport for a business trip, as well as traveling to and from an industry-sponsored conference, also qualify as work-related job tasks. If you are an employee of a company such as Federal Express and you drive for a living, then any vehicle collision that you get involved in during a delivery should be considered work-related. In a vast majority of cases, you do not qualify for workers’ compensation if you sustained injuries as a result of a car accident that occurred during a commute to or from home.

If another driver committed one or more acts of negligence while operating a motor vehicle, then you might be eligible to receive monetary damages that are awarded for a personal injury lawsuit. You also can file an insurance claim with the other party’s insurance company to recover financial losses. Several differences exist between workers’ compensation and personal injury claims.

First, filing a personal injury claim does not follow a legal standard. For instance, you might file a civil lawsuit, and immediately the other party requests to negotiate a legal settlement. On the other hand, every workers’ compensation process follows the same steps as set by each of the 49 states that require private sector employers to purchase the insurance plan. 

Second, the compensation awarded for a workers’ comp claim only covers tangible expenses such as medical bills and property damage. Personal injury claims also can include compensation for pain and suffering, as well as punitive damages that punish the other party for committing at least one act of negligence.

Third, the deadline for filing a workers’ compensation claim is much shorter than the deadline for filing a personal injury lawsuit. The amount of time you have to file a workers’ compensation claim should be between 30 and 90 days, with a few states extending the deadline beyond 90 days. For a personal injury claim, the statute of limitations can be as long as six years or as short as one year. Most states have established a statute of limitations for filing a personal injury lawsuit between two and four years.

The steps to take after a work-related car accident are nearly the same as for any other type of auto collision.

Receive Medical Attention

At the heart of damages for both workers’ compensation and personal injury cases are the medical expenses that pile up during the diagnostic, treatment, and rehabilitation stages of medical care. Serious car accident injuries require emergency medical care, while you can remain at the scene of the vehicle crash if you feel healthy enough to follow the remaining steps. The point is that you must seek medical care if you expect to receive compensation for the costs associated with your injuries.

Call 911

Some types of car accidents are considered minor fender benders, which do not require you to call 911 for a law enforcement agency to respond to a collision. However, most car accidents require the presence of the nearest law enforcement agency to maintain a safe area for all drivers, as well as investigate the scene of the collision. Your lawyer receives a copy of the formal police report, which describes the auto collision in detail, as well as presents a determination of how much fault each party should assume for causing the accident.

Gather Evidence

Although a law enforcement agency investigates the scene of the vehicle collision and then completes a formal incident report. You can still help your car accident attorney by taking photos of every one of your injuries and the damage done to your car. Another helpful type of evidence concerns the statements made by witnesses that support the physical evidence collected at the scene of the accident. You do not need to interview witnesses. Instead, get the names and contact information of every witness and then hand the information over to your legal counselor.

Contact an Attorney From Morgan and Morgan

Meeting with one of the experienced litigators at Morgan and Morgan can help you determine whether you should file a workers’ compensation claim or a civil lawsuit that seeks monetary damages. Your lawyer and an investigator employed by Morgan and Morgan conduct an exhaustive investigation, as well as interview each witness that provides legal support for what transpired before, during, and after the car accident. Wait until you meet with one of our attorneys before you contact your employer or the other party’s insurance company.

If your work-related accidents attorney from Morgan and Morgan determines you should file a workers’ compensation claim to receive compensation for your injuries, you should follow five standard steps that apply to all types of workers’ comp claims. 

Report the Incident

You have a short window in which to report a work-related car accident to your employer. For example, New York residents have 30 days to report a work-related accident to their private sector employers. Other states provide a more generous window to file a workers’ compensation claim, but the time to file a claim is still relatively short. Informing your employer initiates the workers’ compensation claim process. Before you inform your employer, meet with one of the highly-rated workers’ compensation lawyers at Morgan and Morgan to receive advice on how to navigate the claim-filing process. 

Receive Guidance From Your Employer

After receiving notice of a work-related car accident, your employer is required by law to explain your rights according to workers’ compensation statutes, as well as describe the next steps in the claim-filing process. Your employer gives you the form you must complete to receive compensation for sustaining one or more injuries. Make sure to read the form and then ask questions regarding any section that requires clarification. If you do not feel your employer has followed the state’s protocol for explaining the workers’ compensation form and process, you should ask your Morgan and Morgan attorney to guide you through completing the claim form and the rest of the steps to receive workers’ compensation.

Complete and File the Claim Form

According to state law, your employer must report the workplace accident to your state’s workers’ compensation board, as well as your employer’s insurance company. Your role in the process involves completing an accurate claim form and then giving the claim form to your employer for submission. Just one mistake on the claim form can prompt your employer’s insurance company to deny your workers’ compensation claim. After receiving the claim form, your employer has a limited amount of time to submit the claim to the insurance company, as well as your state’s workers’ compensation board.

Wait for a Decision

Depending on the complexity of your claim, your employer’s insurance company might take a considerable amount of time reviewing the information submitted by your employer. For a complex claim such as work-related car accidents, insurance companies take more time than what is typical to ascertain whether the accident occurred while the employee performed one or more job-related tasks. If your employer’s insurance company approves your workers’ comp claim, you receive compensation as a lump-sum payment or structured settlement. A denied claim means you and your attorney should file an appeal by going through your state's workers’ compensation board.

Return to Work

Unlike disability benefits, workers’ compensation does not represent a long-term solution that addresses the financial distress caused by work-related car accidents. Workers’ compensation is an insurance program designed to pay for all tangible costs, such as lost wages, property damage, and medical bills. Most employers have implemented a formal return to work program, which means injured employees must receive the green light from a healthcare provider to return to the same job or transition into a new position to mitigate the impact of their injuries.

Learn more about work-related car accidents and the compensation you can receive by scheduling a free case evaluation today with an attorney from Morgan and Morgan.