I had a friend that got in to a car accident on her way to work. She was communting to work. My dad said that workers comp. covers you if you get into a car accident. Is that true. We would i find that information at.
2007-09-01 18:27:30 · 9 answers · asked by Vanessa 2 in Politics & Government ➔ Law & Ethics
Generally speaking, it is not covered. However, it is not a definite "NO". It all depends on the State your friend was in and what the circumstances were. You cannot just assume that it's not.
Here's an example. In California, there are been claims accepted where the injured worker was trying to make a left turn into their employer's parking lot at an unprotected intersection, while en route to their job. Injured worker was struck and injured. Their claim for work comp benefits was accepted because of the exception called "Zone of Special Danger". The courts ruled that the unprotected left turn into the employers driveway created this Zone of Special Danger for the employee.
You don't know what exceptions there are in each of the States.
Also, don't ever ask Human Resources if something is covered by work comp. That is something for the claims adjuster to decide and not HR.
Suggestion: Your friend needs let her employer know that she was involved in this accident, and that she is looking into finding out if work comp would cover it. Let them know that she doesn't intent to file an actual claim until she has a better idea. Then, she'll need to consult with the State agency that governs Work Comp issues, or an attorney.
2007-09-01 20:18:38 · answer #1 · answered by ca_workcompadvice 2 · 1⤊ 0⤋
You are definitely covered under his workers comp insurance. As for your vehicle, that one is going to be a bit tough...but not hard to get taken care of. Since there were no company vehicles available to you at the time, and he had you take your own personal vehicle to run work related errands...on the clock.....more than likely his insurance company/broker will deny responsibility. That's okay, because then you will have to sue him and hold him personally responsible for the damages to your vehicle. What ever you do, make sure you take pictures of your car and gather up all the information from the day of the accident. Get the mileage for that day, but only mileage you put on your car for his errands. Make a log with the times, date, mileage (from errand to errand), and name the places you went to. Your boss has no chance of winning in a court room. Especially since you were on company time. Good Luck, and you might want to start seeking different employment. It's going to get UGLY.
2016-03-13 01:24:24 · answer #2 · answered by ? 4 · 0⤊ 0⤋
NO. Because workers comp only covers you when your on work/ on the clock. When your on your way to work you are traveling and your not on the clock. If you had AFLAC that would cover you. You could sue the person who got you into a car crash for the time that you spent away from work and you could probably get away with about $50,000; depending on how long away from work and how bad it hurt that person.
2007-09-01 18:35:38 · answer #3 · answered by AK Dude 2 · 0⤊ 0⤋
You will need to talk to a local attorney who does worker's compensation. However, for the most part, the law does not consider you to be "working" until you arrive at the place of work. An exception would be if you had to drop something off at a different place for your company (e.g. blue prints, a court document, supplies, etc.). Under those circumstances, the law might consider your job to have begun when you left your home.
2007-09-01 18:35:10 · answer #4 · answered by Tmess2 7 · 0⤊ 0⤋
no it does not cover if you are not on the clock.
It does not even cover you if you are in the parking lot walking into work. or leaving work and you get hurt. you might be able to sue if it happens in the parking lot but it isnt covered by workers comp.
My mom fell in the school parking lot while at work and when she went to workers comp lawyer and told him what happened he asked if she was coming or going from work at time of fall. she wasnt she was actually handeling students on the clock. the workers comp lawyer told her is she was just comiing to work leaving work or coming or going for luch and fell in parking lot it wouldnt be covered.
so i am sure driving to work is not covered
2007-09-01 18:38:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, it would not be covered. If you are on company time, then yes, but enroute to work, no.
2007-09-01 18:32:40 · answer #6 · answered by Anonymous · 1⤊ 0⤋
from my understanding unless you are on company time it's not work related the best resourse would be to call human resources.
2007-09-01 18:31:13 · answer #7 · answered by d s 4 · 1⤊ 0⤋
If you're not clocked in yet, you're not covered. I hope she has auto insurance.
2007-09-01 18:35:30 · answer #8 · answered by nursesr4evr 7 · 0⤊ 0⤋
No, that would not be covered.
2007-09-01 18:33:27 · answer #9 · answered by Run Lola Run 4 · 1⤊ 0⤋