Are workers eligible for work comp benefits after motor vehicle accidents?

April 27, 2013 (Press-News.org) Are workers eligible for work comp benefits after motor vehicle accidents?

Article provided by Terry Katz & Associates, P.C.
Visit us at http://www.terrykatzandassociates.com

When most people consider an on-the-job injury, they likely envision dangerous factory floors with large machinery. Despite these preconceived notions, some of the most dangerous jobs in the country are actually those that require the worker to spend a significant amount of time driving. In fact, among the top 10 deadliest occupations in the United States are truck drivers, sales representatives and taxi drivers. Each of these professions requires long hours on the road, making these workers particularly susceptible to being injured in a motor vehicle accident.

According to the Centers for Disease Control and Prevention, 35 percent of all on-the-job fatalities are caused by motor vehicle crashes -- making traffic accidents the leading cause of worker fatalities in the U.S. The most dangerous area for workers is on public highways, as over 1,300 workers died on the job while driving on a highway from 2003 to 2009. In addition, numerous workers sustain injuries each year due to traffic crashes.

When a worker is involved in a motor vehicle accident while on the job, there are multiple avenues through which he or she may recover. If another motorist was responsible for the accident, the worker may be able to hold the driver accountable for the accident. In addition, many times he or she will be eligible for worker's compensation benefits.

Qualifying for workers' compensation benefits after a traffic accident

Whether an employee is eligible for workers' compensation benefits following a motor vehicle accident is dependent on a variety of factors. To begin with, the worker generally must have been performing his or her job responsibilities when the accident occurred.

For instance, if a truck driver is injured while driving his or her designated route for the employer, it is likely workers' compensation insurance will cover the injury. If, however, a worker is injured while on an unpaid lunch break or while driving to or from work, it is less likely he or she will be covered.

In addition, to be eligible for workers' compensation benefits, the injured employee must show the injury sustained was caused by the accident. Explaining the nature of the injury and the cause is often best supported by contemporaneous medical documentation.

Another important factor to consider for workers injured while on the job is the status of the worker. While employees are generally covered for workers' compensation benefits, the opposite is typically true for individuals who are considered independent contractors. However, even if someone has been labeled an independent contractor, the circumstances of the relationship may actually point to that of an employer-employee. In those cases, it is possible to contest the worker status to receive workers' compensation coverage.

If you have been injured in a motor vehicle accident while on the job, consulting with a skilled workers' compensation attorney will ensure your rights are protected.