If an employee is in a car accident on their way to work, and there are medical bills, is that a basis for a workmans comp. claim?
2007-02-02 09:34:32 · 12 answers · asked by donnam4863 2 in Politics & Government ➔ Law & Ethics
Try the site below, make sure to change the location/state in which this to place. Hope this helps.
2007-02-02 09:39:10 · answer #1 · answered by citronge69 4 · 0⤊ 0⤋
I don't think it really makes a difference--you're a worker, or a workman, hurt while working :) Doesn't bother me....
2016-03-29 02:01:20 · answer #2 · answered by ? 4 · 0⤊ 0⤋
No, the only time you can file Worker's Compensation is if you were in a company vehicle running errands or making housecalls for the company. Your insurance should pay for the medicals. If the accident was not your fault, then the person reliable for the damages insurance pays. If they fail to pay, you will have to file a civil suit against that person and/or their insurance company.
2007-02-02 12:13:58 · answer #3 · answered by Çåŗőľîņẫ§ħŷġĭ®ł 5 · 0⤊ 1⤋
Yes it is. It is known as the "Coming and going "rule.
If you can prove you were on your way to work, as opposed to the gym, then you have a basis for a bonafide claim.
Do not lkisten to non-lawyers, or lawyers not experienced in WC.
Even if you were at fault, or it was no fault, you still have a claim.
Contact a WC attorney iommediately, so that you may obtain proper treatment for your injuries.
2007-02-02 09:57:52 · answer #4 · answered by MenifeeManiac 7 · 0⤊ 1⤋
I'm not a lawyer ( thanks for that ) but I would beleive that you must be signed in on the job for comp to pick up your bills. Of course if you can get a real slick lawyer, he may be able to pull the wool over someones eyes and get you a million bucks. Oh, if you have auto insurance, you should be covered by that. If you did not, your in violation of most state laws.
2007-02-02 09:43:15 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Call your Workmans Compensation Commission and ask them to be sure but I don't believe it is. That would fall under your auto insurance.
2007-02-02 09:41:57 · answer #6 · answered by Anonymous · 0⤊ 1⤋
No. You were not at work. You were not working. So this is not covered by workman's comp.
2007-02-02 09:38:28 · answer #7 · answered by Lisa A 7 · 0⤊ 1⤋
Absolutely not. The employee must be injured on the job, on the clock, and as a direct result of the work being performed.
Stop looking for a free ride.
2007-02-02 09:38:57 · answer #8 · answered by Team Chief 5 · 1⤊ 2⤋
Whoa! Mr Work Comp attorney!
The "going and coming rule" specifically EXCLUDES injuries suffered in the course of commuting to and from work!
There are exceptions and you can see if you might be one of them.
2007-02-02 11:51:11 · answer #9 · answered by Anonymous · 1⤊ 1⤋
no i don't think so..because your an "adult"....while school children are covered on a bus , why ? because they're "minors'...only other way i know you'd get wrokmans comp is if your paid salary for driving your car to and from a place for your company / place of business. You may collect unemployment do to it....you'd really have to ask your employer or check their handout pages/books on their polocies. either way..you're still paying for it...worker's comp in most states are barely 50 percent of your regualr wages wehter it be weekly,bi-weekl, or monthly...good luck..hope i didn't confuse you.
2007-02-02 09:45:51 · answer #10 · answered by teeeeenah 2 · 0⤊ 2⤋