Workers’ comp is a valuable tool for workers to get compensation for the damages they may receive while working, giving them compensation for the injury itself as well as compensation for any expenses or losses incurred as a result of the damages. However, employers are not strangers to trying to find ways to deny a workers’ comp claim. Some denials have valid reasons, mind, as employers are not malicious ALL the time. However, there are reasons why an employer may deny your claim, and one of those is by claiming that it didn’t happen on-site. One question you may have, however, is if a car accident that occurs during the commute to work qualifies a person for workers’ comp.
If I get into a car accident on the way to work, can I file for workers’ comp?
This is a sensible question for a person to ask, given that the commute on the way to work is a necessary step of getting to your place of work. The unfortunate news is that, in spite of the commute being to work, because you are not actually on the clock, you are not likely to qualify for workers’ comp for any injuries you sustained in said car accident. Workers’ comp is designed in such a way that it generally only covers injuries or illnesses sustained while on the jobsite. However, just because the commute does not apply under workers’ comp does not mean that you have to be on the jobsite for it to apply, as there are exceptions to be made here. One common example is when you are tasked by your employer to leave the jobsite as part of your work and end up sustaining a form of injury or illness as a result of that task. Despite not being on the jobsite, it is thought to apply under workers’ comp due to you still being on the job while you are performing this task. In the event that your employer expects you to clock out for the commute, this does not make you ineligible either. In fact, it may put your employer in even hotter water, given that having you clock out for the commute is not acceptable, given that the commute is part of a task you were given as part of your job.
Are there exceptions that allow commuting to and from home to be covered by workers’ comp?
When it comes to any commutes, whether it be done as part of a job, or done to get you to and from your home, there is an exception to be had as far as workers’ comp goes. This comes in the form of when the employer is the one who transports you to and from your home. In the event that you are injured during employer-provided transport, you may find yourself entitled to workers’ comp as a result. An exception also exists in the event that you do part of your work at home, and as part of your job, you drive back and forth, winding up injured as a result. An employer may try to argue that these exceptions are not valid, but remember that when they make this argument, they are speaking in their own interests, and thus may be misleading you in order to avoid compensating you for your injuries, regardless of whether you qualify or not for workers’ comp. The best way to figure out whether you apply is to consult a lawyer who specializes in workers’ comp disputes, and who has an extensive experience protecting the rights of workers. Not only can they help you figure out whether you have a case or not, they will also help you by getting you compensated as quickly and as effectively as possible if you do have a case.
What other things should I know about when it comes to workers’ comp?
Make sure that you do not drag your heels when it comes to filing, even if you are led to believe that you do not qualify. The longer you take to report an injury, and the longer you take to file for workers’ comp, the less likely you are to be successful in the outcome of the case. You also must be sure to seek medical treatment; if you fail to do so, this may be considered to have exacerbated the injury to the extent that much of your injuries come from your own neglect rather than the negligence of another. There is a time limit for a person to file a workers’ comp claim, and if that time limit is not followed, it may be denied, regardless of whether the claim has merit or not. Filing a workers’ comp claim, regardless of whether it is potentially dubious or not, may be a tricky process, and a lawyer with experience in workers’ comp claims will make it a whole lot easier for you to do it. Not only that, but an employer who is seeking to deny your workers’ comp claim for an improper reason will feel less inclined to do so, knowing that a lawyer is markedly less likely to be deceived by the employer’s reason for denial, and in turn, they may be more willing to confirm a justified workers’ comp filing. It is also important to understand that different states have different laws on how workers’ comp is handled, so before you assume that a piece of information on workers’ comp definitely does or does not apply to your situation, be sure to review your state’s respective laws on the matter so that you may approach the situation with a better understanding.
