Should My Employer Pay for a Car Accident if It Happens During Work Hours
If you’re involved in a car accident while on the clock, you may not only be left with serious injuries, but you may also have a lot of questions. Who covers your medical bills and lost wages? Does workers’ compensation apply, or should you file a claim against the other driver? The answer depends on the circumstances of your accident. An experienced workers’ comp lawyer can help you determine if you qualify for compensation, depending on the specifics of your case. Let’s take a closer look at the key factors that determine whether your accident qualifies for compensation.
Were You Traveling To Work or Running a Work-Related Errand?
One of the key factors is whether you were simply commuting or engaged in work-related travel.
Vermont’s “Coming and Going” Rule
Vermont follows a law called the “coming and going” rule, meaning that your commute to and from work isn’t covered under workers’ compensation. If you’re involved in an accident while driving to work or heading home afterwards, you are considered to be on personal time, just like any other driver on the road. In such a case, you won’t receive workers’ comp benefits for the accident. However, as with most rules, there are some exceptions:
- If you were on company premises when the accident occurred, such as in the parking lot or driveway of your workplace, your injuries may be covered.
- If your job requires frequent travel, such as meeting clients or making deliveries, then an accident during work-related travel may be considered compensable.
- If you were driving a company vehicle as part of your job duties, you may be eligible for workers’ comp benefits.
- If your employer asked you to run an errand, such as picking up supplies or dropping off a package, you could be covered for an accident during that trip.
Each case is unique, so it’s best to consult a lawyer if you were in an accident while traveling for work.
Was Someone Else Responsible for the Accident?
Even if your accident qualifies for workers’ compensation, that may not be your only option for recovering damages. If another driver caused the crash, you can sue them for additional compensation. For instance, if you were rear-ended by a distracted driver while making a delivery for work, you could file a third-party claim against that driver’s insurance. This way, you may recover damages beyond what workers’ comp provides, such as pain and suffering and full compensation for lost wages. However, if no one else was at fault, such as if you veered off the road due to bad weather, workers’ comp may be your only option for benefits.
It’s worth noting that under Vermont Rule 21.0000, if your employer or their workers’ compensation insurer pays benefits for a work-related injury, they may have the right to be reimbursed for any settlement you receive from a third-party lawsuit. So, if you win a personal injury case against the at-fault driver, part of your settlement may go toward repaying your employer’s insurance for the benefits they provided.
A Vermont Workers’ Comp Lawyer Can Help
If you’ve been injured in an accident while on the job, let our experienced Vermont workers’ comp lawyer at Sluka Law PLC at 802-457-1000 help you understand your rights and ensure you receive the maximum compensation available.
Source:
labor.vermont.gov/sites/labor/files/doc_library/Rule1-27-Adopted-11-1-16.pdf
