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Can you get workers’ comp for a car accident?

On Behalf of | Oct 12, 2018 | Firm News

Car accidents occur under a number of different circumstances every day. In 2017, an average of 351 car crashes occurred every single day in Pennsylvania. Many of these collisions occurred while people were on the way to work.

When people drive to, from or during work, they may wonder if workers’ comp will cover damages incurred. This area of the law can be tricky, but there are cases where a car accident does receive coverage under workers’ comp.

The law does not cover driving to and from work

Employers typically do not pay their workers for the time spent driving to and from work. Therefore, if an employee is in a car accident in transit, then workers’ comp will not cover any medical expenses or other damages. In the event an employer does compensate employees for this time, then workers’ comp would be on the table.

Workers’ comp applies to anything within the scope of employment

Numerous professions require workers to drive as part of the job. An employee may need to run errands for a boss or deliver items on behalf of the business. However, the law becomes murkier if an employee decides to run personal errands when he or she should be working. Workers’ comp may not cover damages if the employee decided to go to a friend’s house in the middle of a shift.

Civil claims

Even when you receive workers’ comp for a car accident, you can still file a civil lawsuit against the other driver responsible for the collision. This can help cover any additional expenses not included within the workers’ comp policy. Some companies will place a lien against any extra compensation you receive. That means you may need to give part of the settlement back to the company. Above all else, it is vital to seek out compensation as quickly as possible so that a case falls within the statute of limitations.