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Does Workers’ Compensation Apply to My Car Crash?


Workers’ compensation is no fault insurance for employees who get hurt on the job, or in their line of work. Workers’ compensation covers medical bills and partial wage replacement, and can be applied during traffic collisions if the employee was on the clock during the crash. However, employers and their insurance carriers are usually quick to deny liability, or downplay the severity of the workers’ injuries. As such, you need to work with an experienced workers’ compensation attorney for fair treatment.

Injured In The Course Of Employment

In order for workers’ compensation to cover your injuries during a traffic collision, you have to be on the clock, or engaged in work at the time of the crash. Examples of scenarios or occupations in which workers’ compensation would likely apply includes the following:

  • Delivery driver;
  • Commercial drivers;
  • Road construction workers;
  • Hit on work-specific business trips (this can be a tricky situation, however).

I Got Hit By a Car in The Parking Lot

60,000 people are injured in parking lot collisions each year, according to CBS News. In general, pedestrians, or occupants of motor vehicles, are considered to be at work if they get injured in their workplace parking lot. As such, workers’ compensation should apply. However, things become much less clear if the workplace does not have a parking lot. For example, if an employee got hit in a parking lot that their employer did not own or pay rent on (such as a parking lot across the street) it is less likely that workers’ compensation will apply.

I Was On My Way To/From Work

If you were simply driving to or from work, there is virtually zero chance that workers’ compensation applies to the collision, because you were not on the clock. If, for some reason, you were performing work duties along the way and were “on the clock” for this, such as purchasing office supplies or meeting with a client, there is a chance that workers’ compensation does apply.

Drunk Driving and Workers’ Compensation

Alcohol consumption is up during COVID-19, and 42 percent of employees report drinking while working from home, according to Fish Bowl. One of the few scenarios in which a worker would not be covered under workers’ compensation during any type of accident, traffic or not, is if they were drinking on the job. As such, a DUI at the time of the crash would negate an employer’s obligation to cover your medical bills and lost wages. Moreover, any injuries that occur at the employee’s home, whether they are clocked in or not, would almost certainly not be covered by workers’ compensation.

Reach Out to an Orlando Worker’ Compensation Attorney Today for Help

If you were injured in any type of traffic collision in your line of work, you should be covered by workers’ compensation. In addition, if you did not cause the crash, you can also sue the negligent party who was at fault. To discuss your legal options, call the Orlando workers’ compensation attorneys at the Payer Law today at 866-930-1238 to schedule a free consultation.



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