Are Car Accidents Covered by Workers’ Compensation?

Posted on behalf of Henness & Haight on Aug 01, 2017 in Workers' Compensation News

delivery driver in vehicle

A car accidents may not be the first thing that comes to mind as a reason to receive workers’ compensation benefits.

However, if you were injured in a car accident while you were driving or riding in a vehicle for a work-related reason, you may be able to file a claim with your employer’s workers’ compensation insurer.

As experienced Las Vegas workers’ compensation attorneys, we have helped numerous employees recover the compensation they deserved after a work-related injury. If you were injured during a car accident while performing the required duties of your job, contact us to schedule a free, no obligation consultation for help with your claim.

Did Your Car Accident Occur While You Were on the Job?

It is important to note that not all injuries are covered by workers’ compensation. Workers are only able to receive workers’ compensation benefits if their injuries occurred during the scope of their employment. This means you had to have been working and performing the tasks of your job at the time of your injury to obtain benefits.

If you were injured in a car accident while driving or riding in a vehicle for work-related reasons, you may be covered by your employer’s workers’ compensation insurance.

This can include car accidents that occur while an employee is performing a job-related task, such as:

  • Making a delivery
  • Traveling for a work-related reason that you are compensated for
  • Driving another employee for business purposes
  • Running a work-related errand
  • Driving from one worksite to another

An employee whose main duties and responsibilities revolve around driving, such as a taxi driver or a truck driver, may also file a workers’ compensation claim if he or she is injured in a car accident during regular work hours.

Also, an employee who is remotely based and is paid for travel time to his or her home may be eligible to file a workers’ compensation claim if he or she injured in a car accident that occurs during this commute.

However, you cannot receive workers’ compensation for car accidents that occur outside the hours you are paid, such as during your commute between work and home or during lunch.

Likewise, you will not be able to receive workers’ compensation benefits if the accident occurred while you were deviating from your regular work duties.

What if I Was at Fault for the Car Accident?

A workers’ compensation claim is very different than a civil court case, such as a standard personal injury claim or a car accident claim. It is a no-fault insurance system, which means you do not need to prove another party is liable for causing your injury in order to receive benefits.

Even if an employee was responsible for causing an auto accident, the employee may still be able to receive workers’ compensation benefits if he or she was injured in the collision.

Can I Also File a Car Accident Claim Against the Other Driver?

In addition to filing a workers’ compensation claim, you may also have the right to file a third-party injury claim against the driver that caused your auto accident.

Although this may increase the compensation you could recover for your injury, it can be difficult to file a personal injury claim while simultaneously pursuing workers’ compensation insurance.

Unlike a workers’ compensation claim that requires you were injured during the scope of your employment, an auto accident claim will require you to prove the other driver caused the collision.

This may complicate the claims process, as your claim will likely be heavily scrutinized by additional insurance companies representing the at-fault party.

Additionally, Nevada workers’ compensation insurers are entitled reimbursement for a share of the benefits you receive as compensation for your injury.

For instance, you may receive $10,000 in workers’ compensation benefits from your employer’s insurer after a car accident, and later recover $20,000 in damages from the at-fault party through a third-party lawsuit. Your employer can require you to compensate its insurer for the amount of workers’ compensation benefits you earlier received, leaving you with only $10,000 in damages.

For this reason, we highly recommend you contact our skilled personal injury attorneys in Las Vegas who will advise you of the legal options that are in your best interest.

Contact Our Experienced Workers’ Compensation Attorneys

If you were injured in an auto accident while performing a work-related task or duty, you may be entitled to compensation for your medical expenses and partial lost wages.

The workers’ compensation attorneys at Henness & Haight are ready to work for your claim to help you recover the benefits you deserve. Our attorneys work only on a contingency fee basis, which means you only have to pay us if we recover damages for your claim.

Call 844.613.6275 to speak with a workers’ compensation attorney today.