The Relation Between Workers’ Compensation and Car Accidents

Car accidents are being repeatedly reported in San Diego, and to tackle this, the government is also taking safety initiatives. You might know that an accident can occur unintentionally without prior warning. So, what should you do if you get involved in a car accident while performing work-related duties? According to a lawyer, you would be entitled to workers’ compensation benefits and also personal injury damages. Now, if you are still confused, then let’s get to understanding how these claims intersect and how it can help you to secure the compensation.

Workers’ Compensation and Car Accidents

The benefits that employees get when suffering from job-related injuries or illnesses are known as workers’ compensation. If you get injured in a car accident while on the job, you get the right to file a claim for workers’ compensation, which will cover medical expenses and a portion of your lost wages. So, irrespective of whose fault led to the accident, you can still apply for this claim.

When Are You Covered?

While performing duties, which is within the scope of your employment, if any accident occurs, you are typically covered by workers’ compensation. However, this can also include specific job roles, such as making deliveries, traveling between work sites, running errands for your employer, or transporting another employee. But, in most cases, the accidents that occur during the commute, such as to or from work, are generally not covered. There can be a change only if you are performing a work-related task at that time. Now, these details can be difficult to understand so it’s a good idea to speak to a car accident lawyer who can clarify whether you have a claim and make sure you get compensated.

Personal Injury Claims Against Third Parties

If you find that another party’s negligence has led to the accident, you will find grounds to apply for a personal injury claim. Along with this, you can also apply for the workers’ compensation claim, which allows you to recover damages that might not be listed, such as pain and suffering.

Key Differences Between Claims

There is a key difference between workers’ compensation and personal injury claims. You would find the workers’ compensation to be a no-fault system. This basically means that you can receive benefits irrespective of who caused the accident. However, on the other hand, while filing the personal injury claim, you have to prove that another party was at fault.

Additionally, there is a limit on the workers’ compensation benefits. You get covered only for medical expenses and partial wage replacement. However, if we consider personal injury claims, then you get fully covered and compensated for pain, suffering, and emotional distress, and it also covers full wage loss.

Conclusion

If you are opting to pursue both workers’ compensation and personal injury claims, then it can become an overwhelming experience. Thus, it is always recommended to report the accident to your employer at the earliest and seek medical attention. Other than this, you must also consult with an experienced car accident attorney who can help you to navigate through the process.