Compensation for a Work-Related Car Accident

 Posted on November 25,2024 in Workers' Compensation

If part of your job duties include driving around, there is always a risk that you could be involved in a traffic accident. Although Santa Clara County rarely sees snow, the chances of getting into a car accident can still go up during the winter months due to cold rains and the effects of cold air on tire pressure. If you are hurt while driving for work-related purposes other than getting to and from your job, you may be able to receive help from workers’ compensation. Since going through workers’ compensation for car accident claims can be complicated, you should always be represented by an experienced Gilroy, CA workers’ compensation lawyer.

When is a Car Accident Covered by Workers’ Compensation?

Workers’ compensation will only cover accidents that occur while you are working, not accidents that happen before or after work or while you are on a break. If you get into an accident while you are driving to work at the start of your shift, home after work, or on a personal errand during your lunch break, you would likely need to go through auto insurance. However, if you are performing a work-related task when the accident happens, you may be covered by workers’ compensation.

Your car accident would likely fall under workers’ compensation if: 

• You drive for a living - If you are a truck driver or delivery driver and you get into an accident while working, you may qualify for workers’ compensation. 
• Your job inherently involves driving - If your job involves driving around to different places all day,  you might be covered by workers’ compensation if you are injured in a wreck. For example, if you are a social worker who drives around visiting clients in their homes or an inspector who visits different job sites, an accident that happens while you are driving during work hours may be covered. 
• You were performing a work-related task - Even if your job does not normally involve driving, a car accident might be covered by workers’ compensation if it occurred while you were performing a work-related errand. For example, if you are an office worker and your boss asks you to go deliver some paperwork to a client, and you get into an accident on the way, this would probably be considered a work-related accident. 

It can be difficult to determine whether a specific accident would be covered by workers’ compensation or auto insurance. What your employment contract says may also be a relevant factor. An attorney should always help you with these claims.

Contact a Gilroy, CA Workers’ Compensation Attorney 

Cramer + Martinez can advise you on whether to pursue an auto accident claim through workers’ compensation or car insurance. Our experienced Santa Clara County, CA workers’ compensation lawyers will do all we can to ensure that you recover the maximum compensation. Contact us at 408-848-1113 for a free consultation.