Can I File a Workers’ Comp Claim for a Traffic Accident?

Sure, you carry car insurance, but you never actually wanted to have to use it. While paying that yearly premium may be painful, getting into a car accident may prove even worse. Crashes account for most personal injury claims, but what about those that happen around your work activities? Is it possible for a crash to fall under the workers’ compensation umbrella? While some accidents do qualify under work comp, there are specific rules that apply. Learn whether or not your unfortunate vehicle crash can be claimed as occurring on the job or not.

Were You Commuting?

One of the most common times for car crashes is during ‘rush’ hours. These are the times of the day when most people commute to and from work. These peak travel times leave the roads packed with people, making it much more likely for a collision to occur. If you get into an accident while commuting, it is not eligible for a workers’ compensation claim. A work injury must happen while you are on the clock. If you are not performing a work function, an accident does not qualify.

Were You at Lunch?

Just as a crash while commuting does not qualify for workers’ comp, the same holds true for your lunch break. When you leave the office to attend to personal business, you are no longer at work or getting paid. Workers’ compensation carriers only pay benefits if you perform a work function or duty that is verifiable by a boss. A crash on your lunch break will not count unless you were performing an errand at the request of a superior. If you deviate from a personal errand to a work one, a crash on your way to or from that work-related destination will be covered under workers’ compensation insurance.

Were You Going To a Function?

There are times when officemates get together for social time away from work. An accident that happens on your way to or from a social gathering is not work-related. Even office parties organized by your superiors do not qualify. The exception to this rule is if you are mandated to attend a gathering. Once a company makes attendance at an out-of-office event mandatory, any travel to or from it is covered by workers’ compensation.

If you doubt what the insurance carrier is saying, consulting a workers’ compensation lawyer may be necessary. An attorney can help you sort out who is responsible for paying for your injuries and set you on the road to recovery.  If you have questions about a workers compensation case contact a workers compensation attorney, like the offices of Hurwitz, Whitcher & Molloy, Attorneys at Law for a consultation.