Baltimore Workers’ Compensation Lawyers: Workplace Car AccidentFebruary 18, 2017
As the population continues to grow in this country, the roads and highways are also becoming busier with people in a hurry to get to where they need to be. Unfortunately, when there are more cars on the roads, there is a greater risk of serious car accidents. If you are injured in a car accident at work, you may wonder if your employer’s Workers’ Compensation will cover the costs associated with the accident. The answer to that question depends on the circumstances, and whether you were technically “on the job” when the accident occurred.
In most cases, if you have been injured at work, you will be covered by Workers’ Compensation. However, if you are injured in a car accident on your way to or from work, this does not make you eligible for Workers’ Compensation, unless you were doing something work-related during your commute. For example, if you picked up a client from the train station on your way to work, and then were involved in a car accident, you may be eligible to receive Workers’ Compensation benefits.
Other Options to Pursue
In addition to filing a Workers’ Compensation claim, you may also be able to file a civil claim against the other driver or that individual’s insurance company if he or she caused the accident. A civil claim says that the other person’s negligence caused you to become injured. While there are similarities between these two types of claims, the main difference is the types of damages that you can expect to recover. Workers’ Compensation will generally cover the costs of your medical bills and any lost wages. In a civil claim, you can be compensated for “general damage,” which refers to the pain and suffering you experienced from your injuries.
Another difference between the two types of claims involves the damage to your car. Payment for property damage, including damage to your vehicle, can only be provided in a civil claim. Workers’ Compensation does not cover property damage.
Timing is another factor that differs between the two claims. In a Workers’ Compensation claim, if you do not notify your employer within a matter of day – sometimes sooner – your claim could be denied.
While it is possible to file a Workers’ Compensation claim and a civil claim, you may have a “lien” placed against money you receive from a third party, which means your employer can require you to reimburse it for a specified amount, based on the amount you receive from the third party settlement.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Protect the Rights of Injured Workers
If you have been injured in a workplace car accident, and you believe Workers’ Compensation should cover the cost of your injuries, contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton. We will explain your rights and take you through every step of the claims process. For a free consultation, call us at 844-556-4LAW (4529) or contact us online.