• Jul
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Does an Accident During Your Work Commute Qualify as a Workplace Injury?

    Though it is true that you do not need to have been in your place of work for an injury sustained during working hours to qualify as a workplace injury, whether injuries from vehicular accident count as a workplace injury depend on a number of factors.

    If your accident occurred during the course of your normal commute to or from work, the related injuries are generally not considered work-related. Your commute is part of your own personal time unless one or more of the following exceptions are present:

    • While commuting you also ran a work-related errand
    • You work both from home and from a worksite and you were traveling between the two
    • You were traveling between two different job sites
    • Your accident occurred while you were on-call and traveling to work after being called in
    • Your injuries were sustained while you were riding in some type of transport provided by your employer

    Even under one or more of the exceptions described above, your employer may deny a claim of workplace injury, so it’s important to speak to an attorney with extensive experience in pursuing workers’ compensation claims to get a knowledgeable assessment of what you are and are not entitled to in terms of compensation and benefits.

    When it comes to accidents and injuries sustained during other types of work-related driving, such as those sustained by truckers who are on the job, employees driving to and from work-related meetings, and employees running work-related errands in their car, workers’ compensation is more clearly appropriate. In fact, workers’ compensation laws make filing a claim for a work-related injury the only form of compensation available to employees from their employers. Filing this type of claim involves several important steps, including making sure that you report the accident and related injury to your employer as soon as possible and seeking medical attention from the medical service approved by your employers’ workers’ compensation insurer.

    In all cases, if your accident is the fault of another driver, a malfunction in your vehicle, debris left on the road or some other form of negligence, you also have the option of filing a personal injury claim against the person or entity who is at fault. For information about the right way for you to pursue compensation, whether for a workplace injury or for negligence, we can help. Contact us today to learn more about your rights and the best path forward for your situation.

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