Are Car Accidents Covered by Workers’ Compensation?
Posted on behalf of Greg Coleman Law on Aug 17, 2017 in Workers' Compensation
Car accidents are a common cause of workplace injuries and may be covered by an employer’s workers’ compensation insurance. However, employees who were injured in a work-related car accident must take certain steps to ensure they are filing a valid claim.
The Knoxville workers’ compensation attorneys at Greg Coleman Law are dedicated to helping those injured in a work-related accident pursue the benefits they deserve.
With more than 40 years of combined legal experience, we are ready to assist employees who are involved in a workers’ compensation claim dispute. Contact us today to schedule a free, no-obligation review of your case.
What is Workers’ Compensation?
Workers' compensation in Tennessee is a no-fault insurance system that acts as an alternative to filing personal injury lawsuit to obtain compensation for any injury. In exchange for access to medical and financial benefits after being injured on the job, employees cannot sue their employers. This system offers injured workers a variety of benefits:
- Wage compensation: Injured employees receive two-thirds of their average wage for duration of the period in which their injury prevents them from working.
- Medical benefits: An employer’s workers’ compensation insurance policy covers the medical costs associated with treating the worker’s injuries.
- Vocational rehabilitation: Some claims allow for workplace training to help the employee perform a different type of job or re-learn skills.
When are Car Accidents Covered by Workers’ Compensation?
A car accident can be covered by your employer’s workers’ compensation insurance if it occurred within the course and scope of your employment. This can include:
- A commercial or private driver working during his or her regular hours
- Completing a work-related errand
- Picking up work supplies
- Driving from one worksite to another
- Training a new employee on a delivery route
- Taking another employee to a job function
If the worker was performing tasks related to the job, he or she may be entitled to workers’ compensation benefits. However, employees usually cannot file a claim if they are injured in a car accident while commuting, during unpaid time such as their lunch break or if they were running personal errands.
Can I File a Lawsuit Against the Other Driver?
In addition to filing a workers’ compensation claim, a worker injured in a car accident may be able to file a third-party injury claim if another driver caused your accident.
Unlike workers’ compensation claims, you may be able to recover pain and suffering damages if you win your personal injury case.
However, these claims may be more complex than filing a workers’ compensation claim, as they will require you to prove that the other driver was negligent in causing your accident.
In some instances, you may be able to file a workers’ compensation claim and a third-party accident claim simultaneously. However, it is important to consult with an experienced personal injury lawyer if you are harmed in an accident to learn about your legal options.
Contact Our Knoxville Workers’ Compensation Lawyers
Work-related car accidents can result in serious and debilitating injuries that can affect your ability to perform your job and may entitle you to workers’ compensation benefits. If your employer denies your valid workers’ compensation claim or provides inadequate compensation, do not hesitate to contact us.
At Greg Coleman Law, we fight to protect the rights of injured workers. We only get paid if your claim is approved and you recover the benefits you deserve. Schedule a free consultation to discuss your workers’ compensation claim dispute or the possibility of filing a third-party injury claim with our skilled attorneys.
Call (865) 247-0080 to get legal help for your claim today.