When you go to work each day you don’t expect to wind up in the hospital because of a workplace accident. You really don’t expect that the workplace accident happens outside of your physical place of employment and instead in a company vehicle. Accidents involving company vehicles happen often. These vehicles are part of everyday traffic like all other vehicles. What happens if you are injured driving a work vehicle? Will you be covered under workers’ compensation insurance from your employer? Let’s take a look at this scenario in today’s post.
Defining Work-Related Activities
The first thing we need to get out of the way is the definition of work-related activities. Just because you are injured in an accident involving a company vehicle it doesn’t mean you were actually performing duties or activities related to your scope of employment. This is where things can get very tricky. Work-related activities that might be covered by workers’ compensation include any of the following:
- Making deliveries
- Running errands requested by your supervisor or employer
- Constantly travel for work because of no fixed office
- Transporting another employee
- You get paid by your employer for travel time between home and work
- You make a living by driving
In the majority of cases, you will not be able to claim workers’ compensation benefits if involved in a car accident while commuting to and from the office to your home. This rule does not always apply, though. For example, maybe you were instructed to stop on the way into the office one morning to pick up supplies, a shipment, another employee or anything related to work by your supervisor. If you then get into an accident it is quite possible that your injuries could be covered under workers’ compensation.
Workers’ Compensation Claim and Personal Injury Lawsuit
Many employees are under the misconception that since they were granted workers’ compensation benefits for their work-related car accident that they cannot file a personal injury lawsuit. Since the two are not related other than the accident happened while you were performing the duties of your job, you can file a personal injury lawsuit against the driver who is deemed to be at-fault in the accident. This means that you will be able to receive benefits from your employer’s workers’ compensation insurance policy as well as compensation from a personal injury lawsuit, if you should succeed in court or with a settlement. Being able to acquire two forms of compensation can significantly help you cover medical expenses and the wages you will lose while recovering from your injuries.
Schedule a Consultation with an Experienced Attorney Today
Were you injured while driving a company vehicle in Orlando? If so, you need to speak with an experienced workers’ compensation attorney about your case. Call the office of Sternberg / Forsythe, P.A., Attorneys at Law to at 561-687-5660 to schedule an initial consultation. You can also complete a contact form found on our website and a member of the firm will reach out to you in a timely manner.