Car accidents certainly can be covered under workers’ comp laws in many cases. For some workers, the risk of being involved in an auto accident is one of the primary dangers of their job. They can often seek workers’ comp benefits to cover medical bills and a portion of their lost wages after a crash.
For instance, many commercial truck drivers or delivery drivers are specifically employed to operate motor vehicles. Because they are performing the duties of their job, they can seek workers’ comp benefits if they are involved in an accident. After all, even if these commercial drivers operate their vehicles as safely as possible, there is always the inherent risk of being injured in an accident caused by another driver.
What if the accident is during a commute?
As a general rule, a driver who is injured during their commute is not going to be able to seek workers’ comp benefits. If they are just going to work or returning from their job at the end of the day, they are not performing the duties of their occupation. They are not on the clock or being paid for their time, so, despite the fact that commuting is necessary for them to work, they do not qualify as employees at that time.
In certain situations, there are exceptions to this rule. A worker who is given job-related tasks during their commute may be able to claim workers’ comp benefits, for instance. A worker who has to drive between different job sites may also be able to claim compensation, as this goes beyond their traditional commute.
Auto accidents happen every day, so there is a constant risk. Employees who have been injured need to know if they have a right to workers’ compensation benefits and what steps to take.
