Workers' Compensation Claims - Car Accidents
Car accidents happen every day in California. Each year thousands of people are involved in work-related car accidents. This means they are able to file for workers’ compensation benefits. Benefits include medical treatment, temporary disability benefits, permanent disability benefits, job displacement benefits, and death benefits. Generally, they cannot receive workers’ compensation for a car accident that occurred while commuting to or from work, however, there are exceptions. Contact a Sacramento Workers’ Compensation Attorney and they can help you understand these exceptions.
Car accident injuries are covered by workers’ compensation if you were involved in the accident while working. You generally cannot receive workers’ compensation benefits for getting into an accident while commuting to the office. But, if you were traveling from one office to another and were injured in a crash, you may qualify for workers’ compensation benefits. If you were driving to do something for the benefit of your employer, like carrying supplies, you may be able to get workers’ compensation as well. Even if you were at fault, you can still receive workers’ compensation benefits.
Common car accident situations include:
- You are making deliveries for your employer
- You are running an errand for your employer
- You travel for work
- You drive for a living
- You are paid for your travel time to or from work
There are many differences between a workers’ compensation claim and a personal injury claim. But, you can pursue a workers’ compensation claim and personal injury claim simultaneously.
If you were injured in a work-related accident, you must report your injury to your employer and file a claim immediately. You have one to three years after an accident to file a personal injury claim.
As long as the injured person wasn’t under the influence of drugs or alcohol, it doesn’t matter who was responsible for the accident. As long as the driver was driving for work purposes, they can file a workers’ compensation claim. Usually, with a workers’ compensation claim, if you would like to file a personal injury claim against another driver, you must prove the other driver caused the accident in order to receive compensation.
Unlike a personal injury claim, an injured worker cannot receive compensation for their pain and suffering through a workers’ compensation claim.
A workers’ compensation claim generally covers expenses like medical bills and lost income, up to a certain maximum. However, if you file a workers’ compensation claim, you must complete a Utilization Review and follow Medical Treatment Guidelines.
In 2016, California Office of Traffic Safety estimated that 12,851 people were killed or injured in car accidents in Sacramento County. Car accident injuries often leave you out of work because you need time to recover. Some of the most common car accident injuries the Sacramento Workers’ Compensation Attorneys see include:
- Head injuries
- Back injuries
- Neck injuries
- Knee injuries
- Foot/Ankle injuries
- Wrongful Death
What can you do?
Contact an attorney immediately. Workers’ compensation claims involving car accidents can be complex if you do not have the right legal representation. Our attorneys will let you know if your car accident injury is covered by workers’ compensation and the most common types of car accident injuries. They can help you differentiate a workers’ compensation claim and a personal injury claim. If you would like a free consultation regarding your car accident and workers’ compensation claim, please contact Sacramento Workers’ Compensation Attorneys, P.C. We have over 100 years of combined experience helping Sacramento area residents with their workers’ compensation claims.