The Law Office of Gary C. Nelson

We’re On Your Side

Can you get workers’ compensation for a car crash on the job?

On Behalf of | Oct 27, 2021 | Workers' Compensation |

Sometimes, it is perfectly obvious what insurance policy applies to a situation. If you slip and fall at the grocery store, their premises liability policy might be what pays for your medical bills.

However, if you drive as part of your job and you get into a crash while working, then things may not be as clear. Do you file an insurance claim against the other driver’s policy because they hit you? Do you file a workers’ compensation claim because the injury happened on the clock?

How do you know what compensation to seek after a car crash on the job?

Crashes that occur while working often qualify for workers’ compensation

The Occupational Health and Safety Administration estimates that car crashes on the clock cost employers $60 billion every year. The average crash involving an injury to a worker results in $74,000 worth of expenses, but that amount often goes over $500,000 if someone dies in a wreck. Car crashes are among the top risks workers have in the United States.

Any medical condition or injury you acquire while working is theoretically an injury that workers’ compensation will cover. You may be able to receive 100% coverage of your medical costs through a workers’ compensation claim.

You could potentially also qualify for disability benefits, which can help replace some of the wages you don’t earn because of your injury. However, workers’ compensation disability benefits will not replace your full lost wages. You may want to consider making a claim against the other driver’s insurance for your financial losses not covered by workers’ compensation.

The other driver may still have financial liability

Even if you have workers’ compensation to reimburse you for some of your losses, that coverage does not protect the driver who caused the crash from financial liability.

Any expenses or losses you have that workers’ compensation will not cover, like the remaining balance of your unpaid wages or the damage to your vehicle, could potentially require an insurance claim against the other driver. If they don’t have enough insurance or they allowed their policy to lapse, you may need to make a claim against your own automotive insurance policy or consider a civil lawsuit.

Knowing what workers’ compensation will cover and what the other driver should pay for can help you minimize your losses after a crash on the job.

Archives