Are Car Accidents Covered By Workers’ Compensation?

by Kristen White Blogger When workers get injured while carrying out their duties, the employer is always entitled to receive compensation for any injuries suffered. Workers compensation claim helps to resolve claims arising between employers and employees. To get compensated for any injuries suffered, it must be within the scope of employment. This doesn’t mean that you cannot be compensated if the injury was incurred away from your workplace. Each state has its own way of determining the kinds of benefits an employee may receive. Workers' compensation benefits can help you get back on your feet again.

Can I Receive Workers Compensation Benefits After A Work-Related Car Accident

Car accident cases involving workers' compensation claims are very confusing; one should find Ak compensation lawyers to determine whether you have a claim. For instance, you cannot just receive workers' compensation benefits simply because you were involved in a car accident while traveling to or from work. There are exceptions to this rule. You may be covered by workers compensation benefits if:

• You drive for a living.
• You were injured while transporting another employee.
• You had instructions from your boss to make deliveries.
• Your employer pays you for your travel time.

Benefits to be received from workers' compensation in case of a car accident may also be limited. You cannot recover property damage. Again, you may also be entitled to partial payment for your medical bills, lost wages. Each case is very different. Thus, to find whether you are eligible and what you may receive under workers' compensation benefits, you can find Ak compensation lawyers.

Can I File Both Personal Injury Lawsuit And Workers Compensation Claim?

Many exceptions apply when one is injured in the workplace. If you have been involved in a car accident, it would require the help of Wasilla car accident attorneys to know how you can protect your legal rights. The fact is that you can file both a personal injury lawsuit and a worker's compensation claim. For the personal injury lawsuit, you must prove that someone was negligent enough to cause the accident. For instance, if your employer ordered you to deliver suppliers to a customer and a careless driver led to your accident, you may be eligible to file a worker’s compensation claim and a personal injury lawsuit. There are few differences present to help one understand how both claims work.

Difference Between Workers Compensation And Personal Injury Claim

There is a huge difference when it comes to workers' compensation claims and personal injury lawsuits. They include:

• Car accident damages recovered: In a worker’s compensation claim, a plaintiff can only recover lost wages and medical bill expenses. One cannot receive pain and suffering in a workers compensation claim. Conversely, there is no limit in a personal injury lawsuit as to the number of damages one can recover.
• The duration for filing a claim: If you want to seek workers' compensation benefits, you have to notify your employer in writing within 30 days after the injury. Also, the time taken to file the claim may be longer. Conversely, a personal injury plaintiff has only two years to file their claim from the date when the accident happened.
• Determination of fault: You don’t need to determine liability for a worker's compensation claim. There is no compensation in a personal injury claim if you cannot prove who was at fault for the car accident.

Wasilla car accident attorneys will tell you that your employer may have a lien from any amount received from your personal injury lawsuit if you receive workers' compensation benefits.

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Created on Nov 11th 2020 01:12. Viewed 281 times.

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