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Does Workers Compensation Cover Work-Related Car Accidents in New York?

Work-Related Car Accidents: Who Is Responsible?

Work-related car accidents happen every day. They can cause serious injuries and even death. If you've been injured in a work-related accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. An experienced workers' compensation lawyer can help to determine all the damages that you might be able to recover from an accident during work. 

Common Causes of Work-Related Car Accidents

Injuries sustained in car accidents are common occurrences. According to the National Highway Traffic Safety Administration (NHTSA), there were over 40 million auto injuries reported in 2015 alone. These injuries range from minor cuts and bruises to serious head trauma and broken bones.

A car accident is one of the most common causes of workplace injuries. According to the National Institute for Occupational Safety and Health (NIOSH), there were over 1 million nonfatal occupational injuries and illnesses reported in 2016. In addition to causing physical harm, these accidents can lead to lost productivity and increased medical costs.

Some highly rated medical facilities that treat injuries stemming from work-related car accidents include:

In New York State, there are three common types of work-related car accidents:

• Automobile accidents involving workers

An automobile accident involving a worker is one where an employee was driving a vehicle owned by his employer or working under the direction of his employer. This type of accident can occur when an employee is driving a company vehicle to or from work, or when he is operating a company vehicle for personal purposes.

• Motorcycle accidents involving workers

A motorcycle accident involving a worker is defined as an accident where a motorcyclist was riding a motorcycle owned by his employer or under the direction of his employer. This type of accident happens most often when a worker is commuting to or from work.

• Pedestrian accidents involving workers

Pedestrian accidents involve pedestrians walking across a street, sidewalk, or parking lot. An example would be a pedestrian crossing a street to go to or from work. These accidents are usually caused by drivers turning left without looking for pedestrians.

When dealing with workplace injuries including those sustained from a traffic collision, employers should contact an experienced workers' compensation lawyer immediately. An attorney can help you file a claim for compensation and protect your rights.

Who's Responsible When You Have a Car Accident While Working?

Car accidents happen every day. Some are minor and others are major. Sometimes, car accidents occur when drivers are working. If you're injured in an accident while driving to work, it is normal to wonder who will pay for your medical bills?

In New York State, workers' compensation insurance covers injuries sustained while performing employment duties. However, if you are injured while commuting to work, you may be eligible for additional benefits under the state's no-fault law.

New York State law also requires employers to provide workers' compensation coverage to employees who suffer injuries arising out of and in the course of employment. This means that an employee who suffers an injury while commuting during work may be entitled to receive workers' compensation benefits. However, there are exceptions to this rule. For example, if the employee is injured while traveling to or from their place of employment, then they may not be entitled to workers' compensation benefits.

Who Is Responsible If I Got Into an Accident While Driving A Company Vehicle?

When you drive a company vehicle, you may be required to purchase additional insurance coverage. This type of insurance is called “commercial automobile liability insurance.” This policy protects your employer against any injuries or property damage caused by your driving a company vehicle.

If you were injured in an accident involving a company vehicle, you should file a claim with your insurer. Additionally, if you are ever involved in an accident while operating a company vehicle, you should contact a personal injury lawyer to learn more about your legal rights.

If you are injured while driving a vehicle owned by your employer, you will be required to show that you were performing duties related to your employment. This includes showing that your employer-provided transportation to and from work. An experienced workers' compensation attorney can help navigate this process and ensure you are getting the full amount of compensation for your injuries.

When Does Workers' Compensation Cover Work-Related Car Accident Injuries?

In New York, workers' compensation can be complex. For example, it may not cover injuries sustained in an automobile accident caused by another employee but, if you were injured in a car accident caused by a coworker, you may be eligible for additional coverage under the state's no-fault law.

However, there are limitations to these benefits. For example, you cannot recover damages for pain and suffering unless you suffer permanent injury. And you cannot receive any money for lost earnings unless you are unable to return to work due to your injury. 

Should I Contact a Workers' Comp Lawyer?

Workers' compensation laws were created to protect workers injured on the job. They provide benefits to workers who suffer injuries on the job, regardless of fault. These benefits include medical care, disability payments, and death benefits.

However, there are times when an employee may need legal representation after suffering a workplace injury, like a car accident. They are familiar with the workers' compensation laws and can help direct the injured worker to receive maximum compensation.

Our attorneys can provide free consultations to discuss your legal options. One of our experienced workers' comp attorneys at Banville Law will be able to advise you about whether you have a valid case and whether you should proceed with a lawsuit. A good workers' compensation lawyer will also be able to negotiate a settlement with the employer to ensure you are not left with unexpected expenses. Call today for a free consultation.

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Laurence P. Banville
Date Published: July 14, 2022
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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