Can you get workers’ comp benefits following a
car accident while on the clock?
Many jobs require some degree of driving. From delivery drivers and long-haul truckers to construction workers and folks simply running errands for their employer, on any given day, there is a fleet of vehicles on the road performing work-related tasks. Considering how dangerous driving is and how common accidents are, it’s not surprising that many crashes and collisions involve someone who is “on the clock.”
If you’re one such person who’s been involved in a car wreck while working, here’s the good news:
Most injured workers in North Carolina are eligible for workers’ compensation regardless of whether or not the accident was their fault—as long as it occurred in the course and scope of employment.
Of course, there are a number of circumstances that can complicate these claims, and it’s not uncommon for employers to try to deny or dispute them to minimize their liability, so it’s crucial to understand your rights. This article will answer common questions workers have after work-related car accidents and help you understand who’s liable for your injuries.
Is driving a dangerous job?
The answer to this is a resounding yes. According to the National Safety Council, work-related vehicle accidents are the number 1 cause of death in the workplace. In 2022 alone, approximately 1,369 U.S. workers died in work-related car accidents, and in the 2-year period from 2021 through 2022, injuries from these accidents led to an astounding 68,560 days of missed work.
Common work-related car accident injuries include fractures, whiplash, paralysis, head injuries, internal bleeding, and thoracic outlet syndrome.
What is the most common cause of vehicle crashes for employees?
Many causes of employee vehicle crashes are similar to those experienced by the general public, stemming from common driving hazards and human error. These include:
- Distracted driving. Cell phone use, eating, grooming, or interacting with passengers can divert attention from the road, especially when using them to navigate through unfamiliar areas.
- Aggressive driving. Speeding, tailgating, brake-checking, and frequent lane changes increase the risk of accidents.
- Fatigue. Drowsy driving can be as dangerous as drunk driving, leading to slower reaction times and decreased awareness. This is especially a concern for commercial truckers who travel long distances.
- Impaired driving. Alcohol or drug use significantly impairs judgment, reaction time, and coordination while operating a vehicle. Because of this, employers may require employee drug testing after vehicle crashes.
- Adverse weather conditions. Rain, snow, ice, fog, and natural disasters like mudslides and hurricanes can make roads extremely hazardous, increasing the risk of accidents and fatalities.
- Poor vehicle maintenance. Worn tires, faulty brakes, or malfunctioning lights can contribute to crashes.
Additionally, some factors are unique to work-related driving and can increase the risk of accidents for employees, including:
- Time pressure. Tight deadlines or unrealistic schedules can lead to speeding and aggressive driving.
- Unfamiliarity with routes. Employees driving in unfamiliar areas may become lost or distracted, increasing the risk of errors.
- Long hours and irregular shifts. Fatigue is a significant concern for employees who work long hours or have irregular schedules.
- Improperly loaded trucks. Overloaded or imbalanced cargo can make a truck difficult to control and increase the risk of rollovers or jackknifing.
- Multiple tasks. Employees may be required to multitask, such as managing deliveries or handling customer calls while driving, which can lead to distractions and accidents.
Understanding these unique risks is crucial for employers to develop effective safety programs and for employees to prioritize safe driving practices while on the job.
Delivery driver and motorcyclist both suffer serious injuries in NC crash
In October 2023, an accident between a motorcyclist and a Domino’s pizza delivery driver in Harnett County led to serious injuries for both drivers. The accident occurred when the delivery driver attempted to make a left turn, and the motorcyclist, traveling at a high rate of speed in a no-passing zone, tried to overtake the delivery vehicle.
The motorcyclist, who was thrown from their bike and subsequently run over by the delivery car, suffered critical injuries and was airlifted to WakeMed Raleigh. The delivery driver, who reportedly suffered less serious injuries, was also transported to a local hospital.
The delivery driver will be entitled to compensation through workers’ comp for medical expenses and lost wages during their recovery, despite the motorcyclist having no insurance and a suspended license at the time of the accident.
Is an employer held liable for damages caused by an accident involving an employee?
Yes. Under the legal doctrine of respondeat superior (Latin for “let the master answer”), employers in North and South Carolina are liable for an employee’s actions while they’re performing their job duties, including driving for work.
For example, driving to the bank to make a deposit for your employer would qualify as a work-related task. However, an employer is not typically responsible for an off-premises accident that occurs while driving to and from work as part of their daily commute.
Typically, the only other exceptions are if the worker is intoxicated or performing a personal (not job-related) errand at the time of the accident, in which case the claim would be handled like any other auto accident—between both drivers and their personal auto insurance companies.
If your employer (or their insurer) disputes your workers’ comp claim for a legitimate work-related accident, it’s time to contact a local work injury attorney near you for professional legal advice.
Can I get workers’ comp after an accident if I wasn’t driving a company car?
Yes, if you were driving a personal car for work, you’re still covered under workers’ comp as long as you were performing work duties.
Keep in mind, however, that workers’ comp does not cover vehicle repairs to your personal car. The cost to repair your car would typically be covered by your personal auto insurance or the insurance of the at-fault driver in the accident.
Top 10 mistakes to avoid after a work injury in North Carolina
Avoiding these common mistakes will increase your chance of a successful workers’ compensation claim.
What workers’ compensation benefits can I get after a work-related car accident?
If you’re injured in a car accident in the course of your employment, then you or your family members may be eligible for the following types of workers’ compensation benefits:
- Medical benefits. Workers’ compensation covers all necessary medical treatments related to your work-related injury or illness, including doctor visits, hospital stays, surgeries, medications, and rehabilitation.
- Vocational rehab benefits. In cases where your injury prevents you from returning to your previous job, you may be entitled to vocational rehabilitation services to help with job retraining so you can work in a different job that accommodates your limitations.
- Travel expenses to and from treatment. Workers’ comp also provides reimbursement for reasonable travel expenses incurred while traveling to and from medical appointments related to your work injury.
- Wage loss benefits. If you suffer a serious injury, like a broken bone, spinal cord injury, or brain injury, that prevents you from working, workers’ compensation provides wage replacement benefits while you recover, typically two-thirds of your average weekly wage.
- Death benefits. If a worker dies as a result of a work-related injury or illness, workers’ compensation provides death benefits to the worker’s dependents, including funeral expenses and ongoing financial support.
It’s worth noting that workers’ compensation only covers economic damages. Non-economic damages like pain and suffering, emotional distress, and post-traumatic stress disorder (PTSD) are not offered as part of a workers’ compensation settlement. In order to recover those damages, you would have to file a negligence claim against the at-fault driver.
What steps should I take after a car accident while driving for work?
If you were involved in a crash while driving for work, your initial concern might be your employer’s reaction and how it might impact your job. While this concern is understandable, it’s critical to first focus on taking the necessary steps to protect yourself and others.
Here’s what you should do:
- Call the police. First, you should call the police so there will be an accident report of the incident, as this document will be necessary to obtain workers’ compensation benefits later on.
- Exchange information. If you and the other party are not seriously injured, exchange personal contact and insurance information with the other parties involved.
- Gather evidence. Document the scene by taking photos of the vehicles, any visible injuries, and the surrounding area. These photos can serve as crucial evidence for your workers’ compensation claim and any potential legal proceedings. Additionally, collect the names, contact information, and statements of any witnesses.
- Get medical care. Always seek medical attention immediately upon leaving the scene, even if you don’t initially feel injured. Some injuries have delayed symptoms, and waiting to seek treatment can not only compromise your health but also make it more difficult to tie your injuries to the accident, which is crucial for a successful workers’ compensation claim.
- Report the accident to your employer. Once you’ve received initial treatment for your injuries, report the accident to your employer. This must be done in writing within 30 days in most cases, but the sooner you do it, the better. Failing to report your injuries in a timely manner could cause your claim to be denied.
- Follow employer guidelines. You may be asked to visit a company-approved doctor and submit to drug and alcohol testing. Make sure you comply and follow your company’s guidelines so you don’t give them a reason to deny your claim.
- File a claim. To officially apply for workers’ comp benefits, you’ll need to fill out and submit Form 18 to the North Carolina Industrial Commission (NCIC). This must be done within 2 years of your injury but should ideally be done as soon as possible.
If your workers’ comp claim is ultimately denied or if you believe you have a case against the at-fault driver, consult with an experienced workers’ compensation lawyer to discuss your rights.
Can an injured employee sue a third party after a work-related car crash?
Yes, an injured employee can sue a third party after a work-related car crash in North Carolina, even while collecting workers’ compensation benefits. This is known as a third-party claim.
In North Carolina, you can sue a third party if their negligence caused or significantly contributed to the accident and your injuries. This could include another driver, a vehicle manufacturer, or even a government entity responsible for road maintenance.
Here’s how it works:
- Workers’ compensation claim. First, you would file a workers’ compensation claim with your employer’s insurance carrier to receive medical benefits and wage replacement.
- Third-party lawsuit. Simultaneously or after receiving workers’ compensation benefits, you can file a lawsuit against the negligent third party. If successful, you can recover additional compensation for damages not covered by workers’ compensation, such as pain and suffering, lost earning capacity, and other economic losses.
- Reimbursement. If you win the third-party lawsuit, the workers’ compensation insurance carrier may be entitled to reimbursement for the benefits they already paid out to you. This ensures that the responsible party ultimately bears the financial burden of the injury.
It’s important to consult with an experienced attorney who specializes in workers’ compensation and personal injury law to understand your rights and options in pursuing a third-party claim. They can help you navigate the legal process, gather evidence, and negotiate with insurance companies to maximize your compensation.
Injured in a car accident at work in Charlotte? We can help!
If you’ve been involved in a work-related accident that led to serious or catastrophic injuries, it’s crucial to seek experienced legal assistance to ensure you receive the full compensation you deserve. The team at Wilder Pantazis Law Group has more than 85 years of combined experience in handling both workers’ compensation and personal injury claims.
Using our extensive legal knowledge, we can help navigate the complexities of your case and advocate on your behalf with the at-fault driver’s insurer and your employer’s workers’ comp insurance company to maximize your compensation.
Contact Wilder Pantazis Law Group today for a free consultation and let our skilled Charlotte work injury attorneys provide the guidance and support you need to get the compensation you deserve.
References
Roadway Incidents. (n.d.). Injury Facts. https://injuryfacts.nsc.org/work/safety-topics/roadway-incidents/