Can I Receive Workers’ Compensation for a Work-Related Car Accident?

 Posted on October 11, 2021 in Workers' Compensation

There are many different situations where a person may suffer work-related injuries. Accidents in the workplace, occupational diseases, or health conditions that a person experiences because of the work they have performed will usually qualify for workers’ compensation benefits. A worker who receives these types of benefits will have their medical expenses fully paid for, and they may also receive compensation to address part of the income they lost while recovering from their injuries. There may be some situations where a person is unsure about whether they qualify for workers’ comp benefits, including when they are involved in car accidents that are related to their work.

Car Accidents and Workers’ Comp Benefits

In almost any situation where a person is injured while working, they will be eligible for workers’ compensation. Injuries suffered in a car accident may qualify for workers’ comp if the person was working at the time of the accident. If a person was “on the clock” or was driving as part of their regular work duties, they will usually be able to receive workers’ compensation. However, workers’ comp generally will not cover accidents that occurred while a person was commuting to or from work, although exceptions may apply in some cases.

As with other types of work injuries, fault for a car accident usually will not affect a person’s eligibility for workers’ compensation. Even if a person was responsible for a collision, they will still be able to receive benefits that address a work-related injury. However, there may be some situations in which a person’s actions will make them ineligible for workers’ comp. For example, a person may not be able to receive benefits if they were under the influence of alcohol or drugs at the time of a collision.

In addition to receiving benefits through workers’ compensation, a person may also be able to pursue a lawsuit against another party who was at fault for a work-related car accident, including a negligent driver or the manufacturer of defective auto parts. These types of third-party claims may help a person receive compensation for damages that are not addressed by workers’ comp, such as damage to their personal property or pain and suffering.

Contact Our Santa Clara County Workplace Accident Lawyers

If you have been involved in a car accident while you were working, you will want to be sure to understand the forms of compensation that may be available. At Cramer + Martinez, we can help you file a workers’ comp claim to ensure that you will receive the proper benefits, and we can also help you determine whether you have any other options for pursuing compensation for your injuries and damages. Contact our San Benito County workers’ compensation attorneys at 408-848-1113 to arrange a complimentary consultation.

Sources:

https://www.dir.ca.gov/dwc/wcfaqiw.html

https://scocal.stanford.edu/opinion/greydanus-v-industrial-acc-com-27336