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Atkinson Gerber Law Office
Injured? Take Action Now!

Can you recover workers’ comp following an auto accident?

On Behalf of | May 28, 2021 | Car Accident, Work Injury |

For some workers, such as delivery drivers, their vehicle functions as their workplace. For others, driving may only be an occasional part of the job. Regardless, if you’re injured in an auto accident, you will likely be eligible for workers’ compensation benefits. The same goes for any passengers who are also employees of the company. The key factor in determining workers’ compensation eligibility is whether the accident was job-related.

Did the accident happen during the course of your employment?

You can only recover workers’ compensation benefits if the accident happened during the course of your employment. In other words, you must have been carrying out a job-related task at the time of the accident. Job-related tasks that are considered work-related include:

  • Making deliveries
  • Driving between job sites
  • Running a work-related errand
  • Taking another employee to a location for a work-related reason

Accidents that occur while you’re commuting to and from work are not considered to be job-related.

Did you play a role in causing the accident?

You might be concerned about your recovery options if the accident was your fault. However, there are distinct differences between a personal injury claim and a claim for workers’ compensation. The workers’ comp system is not about assigning blame. Anytime you suffer a work-related injury, you should recover benefits, even if the accident were entirely your fault. Your responsibility is to show that you were doing your job when the accident happened.

You shouldn’t let your worries about whether you were at fault prevent you from filing for workers’ compensation. It’s important to report your injuries to your employer as soon as possible following your accident. You should also take the time to speak with a legal professional. The workers’ comp process can be complicated. A skilled guide can help you present a strong claim for recovering the benefits you need and deserve.



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