Generally, workers’ compensation will not cover any injuries from an employee who got into a car accident, even if he or she was on the way to work or leaving work. However, if an employee is driving as part of their job, then workers’ compensation insurance will normally cover medical expenses for injuries sustained from the car accident.
Injuries Received At Work
The laws regarding workers’ compensation vary from state to state. Most employers are required by law to purchase workers’ compensation insurance, which will generally cover any medical expenses the employee receives as a result of the work-related injury, and also recover any lost wages from the employee being out of work.
To receive workers’ compensation benefits, an employee must be injured in a work-related incident. This means that transportation between your house and job is not included in the realm of workers’ compensation coverage. Workers’ comp that will cover car accidents is normally covered by workers’ comp insurance for truck drivers, taxi drivers, etc. Also, if the employer demanded that an employee-run an errand while on company hours, then workers’ comp will typically cover the injuries if the employee got into a car accident. Workers’ compensation will also normally cover these expenses even if the accident was the fault of the employee.
Acting Within The Scope Of Employment and Employer Liability
As long as an employee was proven to be “acting within the scope of employment,” then they will not be held liable for the car accident. This means that the liability will fall onto the employer as long as the employee was proven to be driving during working hours and without breaking any laws. If the employee was under the influence of drugs or alcohol during the time of the accident, then the employer will not be held liable since the employee was not acting within the scope of employment. In this case, the employee will ultimately be held responsible for the car accident.
Employee Negligence Resulting In The Car Accident
If it is found that the negligence of the employee was the cause of the car accident, then he or she was not acting within the scope of employment and may be held liable in a civil lawsuit (if the car accident resulted in a third party injury). The employer still may be found liable, as well, and may still have to pay for any injuries or property damage, despite the fact that the employee was at fault. The employee is normally protected by the employer’s liability insurance, so he or she will not have to pay for any injuries or damages if a lawsuit is filed.
In the case of a lawsuit against a negligent employee that caused a car accident, the employer will normally have to pay for the legal fees of the employee. Also, since workers’ compensation is considered a no-fault system, the negligent employee may still be awarded workers’ compensation benefits for his or her injuries.
Common Reasons Why Workers Compensation Benefits Are Denied
As an experienced Milwaukee workers compensation lawyer can explain, even if you have a valid claim, it may be denied. The repercussions of not receiving benefits can be financially catastrophic. It can also mean the difference between getting or not getting proper medical treatment. Here are some of the most common reasons why workers compensation claims are often denied:
- Your employer or their workers comp insurance company claims your injury is a pre-existing condition and that it did not occur at work. A workers comp lawyer can enlist the help of a medical doctor who can determine if your injury is only a pre-existing condition, or if it’s a pre-existing condition that has been worsened while working your current job, or if it is a new injury.
- Your employer or their workers comp insurance company claims your injury did not occur at work. When a workers compensation lawyer Milwaukee, WI residents recommend from our firm takes your case, our legal team can determine the events of your accident. Information that we turn up, including witness statements, can then be included in your claim.
- Your employer or their workers comp insurance company claims you are not injured, or are not injured seriously and therefore do not need medical care or other benefits. A workers compensation lawyer Milwaukee, WI locals rely on for help can refer you to a medical doctor who can provide documentation about your injury after performing an exam.
- Your employer or their workers comp insurance company requires more documentation and proof that your injury is serious and that it occurred while you were on the job. A workers compensation lawyer Milwaukee, WI injured workers hire from Hickey & Turim, S.C. can investigate your accident and supply the necessary proof for your claim.
- If your injury was caused by a third-party, or a third-party contributed in part to your injury, your employer’s workers compensation insurer may hold back some or all benefits. Your workers comp lawyer can undergo a settlement negotiation with the third-party or file a lawsuit against them if necessary.
Request a Free Consultation with One of Our Milwaukee Workers Compensation Lawyers
A serious injury can result in huge medical bills and the inability to return to work. With no income, proper medical treatment may be difficult or even impossible. This is what can happen if you are denied workers compensation benefits. If you’ve been seriously injured while on the job, contact a workers compensation lawyer Milwaukee, WI turns to from Hickey & Turim, S.C.
If you are not receiving benefits, you may find an advantage in talking to a workers compensation lawyer Milwaukee, WI turns to from Hickey & Turim, S.C. We have helped thousands of injured workers get the compensation and medical care they deserve. Call us today to request a consultation with one of the workers compensation lawyers from our firm. There will be no charge for this confidential case review, and we encourage you to take advantage of this no-obligation opportunity.
When Truck Drivers Get Injured
According to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries and Survey of Occupational Injuries and Illnesses, more than 750 American truck drivers lost their lives on the job and more than 65,000 private sector truckers suffered non-fatal work-related injuries and illnesses during 2012 alone. As these kinds of fatality and injury/illness statistics do not tend to vary much from year to year, the trucking industry generally braces itself for these numbers to repeat over and over again. However, being involved in accidents should never be treated lightly. Nor should the risk of accidents ever be treated as “just part of the job.” It is important for injured truckers to speak with a Milwaukee, WI workers’ compensation lawyer about their rights – because trucker safety rights absolutely do exist.
The rates of injury, illness, and death among American trucking professionals is simply unacceptable. Federal regulators, trucking companies and other interested parties need to work much more diligently to ensure the safety of the nation’s truckers. Thankfully, the law recognizes that truckers should be protected from unreasonable safety hazards at work. As a result, those truckers who do get injured may be able to work with an experienced Milwaukee, WI workers’ compensation lawyer in order to obtain access to financial compensation associated with their work-related injuries. Even those truckers not covered by workers’ compensation coverage may obtain financial restitution using alternative legal options, depending on the nature of their situation.
Trucking Accidents Within the Scope of Work Duties
In general, injuries must be sustained while an individual is “on the clock” in order for workers’ compensation benefits eligibility requirements to be fulfilled. However, there are some exceptions to this rule. Truckers may travel in their rigs while “off the clock” because they have no other access to transportation while seeking rest for the night, etc. If a trucker is injured in such a capacity, he or she may still be eligible for workers’ compensation benefits under limited circumstances. An experienced Milwaukee, WI workers’ compensation lawyer will be able to advise truckers affected by such situations of what their legal options may be.
Legal Guidance Is Available
If you are a truck driver and have been injured while on the job, please do not hesitate to contact a Milwaukee, Wisconsin workers’ compensation lawyer in order to explore your legal options. You work in an inherently dangerous industry. But that doesn’t mean that you should have to assume an unreasonable amount of safety-related risk when you get behind the wheel. If you have been injured, you are almost certainly entitled to workers’ compensation benefits associated with the harm you have suffered. And if for some reason you are not eligible for these benefits, you may be able to work with the legal team at Hickey & Turim, SC in order to explore alternative routes to receiving the compensation you deserve. Speaking with an attorney does not commit you to filing a claim, but doing so will (at minimum) help you to make informed decisions about your situation. We look forward to speaking with you.