What Happens If You’re Injured in an Accident While Driving for Work?
A car accident can become much more complicated when it happens while you are working. Maybe you were driving between job sites, making a delivery, visiting a customer, or running an errand for your employer when another driver caused a crash.
Now you may be wondering: Is this a workers’ compensation claim, a personal injury claim, or both?
In some situations, an Ohio employee injured in a work-related car accident may have more than one potential avenue for benefits or compensation. Understanding the difference between an Ohio workers’ compensation claim and a third-party personal injury claim can be important when medical bills, lost wages, and serious injuries are involved.
If you were hurt in a car accident while working in Cleveland or elsewhere in Northeast Ohio, here is what you should know.
Does Workers’ Compensation Cover Car Accidents in Ohio?
Ohio workers’ compensation may cover injuries from a motor vehicle accident when the accident occurs in the course of and arising out of your employment.
For example, you could potentially have a workers’ compensation claim if you were injured while:
- Making deliveries for your employer
- Traveling between work locations
- Driving to meet a customer or client
- Transporting equipment or supplies
- Performing an employer-requested errand
- Driving as a regular part of your job duties
Whether an accident qualifies as work-related depends on the specific circumstances.
Simply being in your vehicle does not automatically make an accident a workplace injury.
What About Your Regular Commute?
Accidents that occur while traveling to or from your regular workplace can present different issues.
Generally, an employee’s normal commute is treated differently from travel performed as part of their job duties. However, exceptions may apply depending on factors such as where the accident happened, why the employee was traveling, and what the employer required.
For example, an accident while driving from one work location to another may be evaluated differently from an accident during your ordinary morning commute.
Because work-related travel situations can vary considerably, it is important not to assume that you are or are not eligible for workers’ compensation benefits without examining the facts.
What If Another Driver Caused the Accident?
This is where work-related car accidents can become especially complicated.
Suppose you are driving for work when another motorist runs a red light and crashes into you. Your injuries may potentially involve an Ohio workers’ compensation claim because you were working at the time of the accident.
But the negligent driver may also be a third party who can potentially be held responsible through a personal injury claim.
These are two different types of claims.
Workers’ compensation generally focuses on providing certain benefits for employees injured in qualifying work-related incidents. A third-party personal injury claim focuses on holding the negligent party responsible for damages caused by the accident.
Depending on the circumstances, an injured worker could potentially have both.
Workers’ Compensation vs. a Third-Party Personal Injury Claim
The types of compensation available through these claims can differ.
Ohio workers’ compensation benefits may provide coverage for qualifying medical treatment and certain wage-loss benefits related to an occupational injury.
A personal injury claim against a negligent third-party driver may potentially include damages such as:
- Medical expenses
- Lost income
- Reduced future earning capacity
- Pain and suffering
- Other accident-related losses
However, receiving benefits from multiple sources does not necessarily mean an injured person can recover twice for the same loss. Issues involving reimbursement, subrogation, liens, insurance coverage, and coordination between claims may arise.
This is one reason accidents involving both workers’ compensation and personal injury law can become complicated quickly.
What If You Were Driving a Company Vehicle?
Being in a company-owned car, van, or truck can introduce additional insurance questions.
Depending on the circumstances, the employer may have commercial auto insurance that applies to the accident. Your own automobile insurance, the at-fault driver’s coverage, uninsured or underinsured motorist coverage, and other policies may also need to be reviewed.
Determining which insurance policies apply can be particularly important after a serious accident where medical expenses and other damages are substantial.
What Should You Do After a Work-Related Car Accident?
Your health should come first. Seek appropriate medical attention and explain how the injury occurred.
You should also report the accident to your employer as soon as possible. Delays in reporting a workplace injury can create unnecessary complications.
When possible, document the accident scene. Take photographs of the vehicles, damage, roadway, traffic signs, signals, and other relevant details. Obtain the other driver’s insurance information and contact information from witnesses.
Keep copies of medical records, bills, accident reports, work restrictions, wage information, receipts, and correspondence from insurance companies.
Also be cautious about signing documents or accepting a quick insurance settlement before understanding how it could affect other claims related to the accident.
What If You Drive for a Living?
Work-related crashes are particularly important for people whose jobs regularly put them on the road, including delivery drivers, sales representatives, home healthcare workers, construction workers, service technicians, commercial drivers, and others who travel as part of their employment.
However, you do not have to be a professional driver for a crash to potentially be work-related. Even an employee who rarely drives for work could be injured while performing an employer-related task.
The circumstances surrounding the trip matter.
Injured While Driving for Work in Cleveland? Contact Zaber Law
When a car accident happens on the job, there may be more to investigate than who caused the crash. Workers’ compensation benefits, third-party liability, employer insurance, automobile coverage, and other potential sources of compensation may all need to be considered.
If you were injured in a car accident while driving for work in Cleveland or elsewhere in Northeast Ohio, Zaber Law can review what happened, identify potential claims and insurance coverage, and help you understand your legal options.
Before assuming workers’ compensation is your only option, find out whether someone else may also be legally responsible for your injuries.
Contact Zaber Law to discuss your work-related Ohio car accident and determine what steps may be available to protect your rights.
