Work Injury Lawyer
An enormous number of injuries happen as a result of car accidents, and it raises the question of whether these kinds of injuries are eligible for worker compensation if you were driving to or from work at the time. Many people assume they are covered, because they would not have been in the car at the time if they were not going to their job. As with most things in law, the answer is more complicated than just yes or no. There is not simply one answer, but rather worker compensation sometimes covers people who are injured in this way. It is vital that you have a good understanding of whether you will be covered before you find yourself in this situation.
When You Are Covered
Each state has slightly different laws when it comes to worker compensation, but the broad strokes are all the same. If you were commuting to or from work, chances are good that you are not eligible for worker compensation. However, it is possible to receive worker compensation from injuries due to car accidents if driving is part of your job.
The general rule to remember is whether or not you are “on the clock, if you were engages in a work-related activity, or doing something to benefit your job, you may have a workers’ compensation case. In other words, ask yourself if you are being paid to drive, or if you are driving to the location where you will be paid. Worker compensation only applies to the former. Examples of this include:
- Truck drivers
- Taxi drivers
- Delivery persons
- Ambulance drivers
If you were driving while on the clock, but driving is not technically part of your job, you may still be eligible. For example, if you work on a construction site and need to drive from one end of the site to the other, an injury incurred during this drive would likely be covered, even if driving does not appear in your job description.
The Exception To the Rule
There is one notable exception to this rule. If part of your job is done from home, then accidents while commuting to the on-site portion of your job will likely be covered. In a way, it is as if you are still on the clock, simply traveling from one work location to another. Remember that each state has differing laws, so finding a work injury lawyer who knows your local laws is incredibly valuable. Such a lawyer could answer any questions you may have and give you advice on how to get the compensation you need.
If you have questions about your specific case, please contact a workers’ compensation attorney at Franks, Koenig & Neuwelt today to learn more.