Do Car Accidents qualify for Workers’ Comp?

Car accidents are very common accidents. In most cases, to resolve a claim, the person responsible needs to be identified and a settlement for injuries and related damages needs to be negotiated.

If you’re in a car accident while working, is that any different?

Depending on the facts of the case, yourcar accident could also qualify for a workers’ compensation case, in addition to a personal injury claim. This is why it is important to consult a workers’ compensation lawyer who can help you understand your options and maximize your chances for a complete recovery.

Which car accidents are covered under Workers’ Compensation?

Employers are required to carry workers’ compensation insurance so that eligible employees can be covered for medical expenses, a part of their lost wages, and disability benefits, in case of a workplace accident or illness.

This includes car accidents, but only under certain conditions.

The workers’ compensation law entitles employees to receive workers’ compensation for a car accident as long as they were performing a work-related task at the time of the accident.

For example, a delivery driver who was hurt in a collision while dropping off a package is likely to be entitled to workers’ compensation benefits. But if that same driver was hurt in a car accident on the way to lunch, they may receive compensation from the at-fault party through a personal injury claim, but not with a workers’ compensation claim.

Which car accidents are NOT covered under Workers’ Compensation?

Here are some examples of car accidents that may not be covered by workers’ compensation.

• Commuting to and from the workplace
• Personal breaks
• Detours while travelling for work (e.g., making a coffee stop on the way to a meeting)

Can I file a workers’ compensation claim and personal injury lawsuit?

Workers’ compensation provides no-fault benefits to employees. So, if you were in a car accident while working, you will receive benefits, regardless of the responsible party. But in exchange for these benefits, workers have to give up the right to sue their employers for negligence.

However, personal injury claims may be possible for job-related car accidents, if a third party caused the crash. In such cases, a worker could potentially receive both workers’ compensation benefits and personal injury compensation for the same accident.

A personal injury claim allows you to obtain compensation for losses that are not covered under Arizona workers’ compensation laws, such as pain and suffering. Since car accidents may involve multiple parties, it is best to consult a skilled lawyer to review your case and ensure that you can get compensation in every possible way.

To learn more about Phoenix workers’ compensation attorney, consult the best workers’ compensation lawyers in Phoenix, AZ, call Arizona Injury Law Group at 602-346-9009 right away.

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azworkcomp Joined: June 24th, 2018