There are a lot of gray areas in workers’ compensation. If you’re injured while doing your job in a factory, warehouse, store or other worksite, you’re typically entitled to receive workers’ compensation benefits.
What if you’re injured in a vehicle crash during work-related travel? You might qualify for workers’ compensation benefits. You might also be able to seek compensation from a liable third party. It all depends on the situation.
“Course and scope” of employment
The workers’ compensation insurer will look at whether the crash occurred while within the “course and scope” of your employment. For example:
- Were you driving from one worksite to another?
- Were you driving other employees for work purposes?
- Were you doing something your boss directed you to do?
- Were you working from a different location than usual and being compensated for additional mileage?
Generally, if you’re involved in one of these or similar activities, you should be able to receive workers’ compensation benefits – regardless of whether you or another driver was responsible for the crash. Fortunately, in Connecticut, nearly all employers are required to provide workers’ comp coverage to full-time, part-time and seasonal workers.
When is a crash-related injury not covered?
If the crash occurred while you were deviating from the route you needed to take for your work-related travel to do something non-work-related, like pick up your child from school or stop at the grocery store, your workers’ compensation claim might not be accepted.
Workers’ compensation insurance also typically doesn’t cover injuries suffered in accidents that occur while an employee is commuting to and from work or going somewhere on their lunch or dinner break. This is called the “coming and going” rule.
Filing a third-party claim
Whether you qualify for workers’ compensation benefits for a car crash or not, you may still be able to file a claim against another driver if they bear the majority of responsibility for the crash. Unlike workers’ compensation benefits, which may cover medical expenses and lost wages, you can seek compensation for economic and non-economic damages from an at-fault driver (or their insurer). It may be possible to get workers’ compensation benefits as well as seek third-party damages to recover losses not covered by workers’ compensation.
If you were involved in a car accident on the job, is important to file a workers’ compensation claim as soon as possible and to determine whether you can file a third-party claim. Seeking legal guidance can help ensure that you explore all available options for compensation.