You can get workers’ compensation for a transportation accident at work if your employer has workers’ compensation insurance and your accident qualifies as job-related. You should be eligible for compensation through the workers’ comp policy.
Workers’ compensation for transportation accidents is not always straightforward. You may face challenges as you aim to secure the benefits you deserve, including coverage for medical care and lost income. A workers’ compensation attorney from our firm can represent you in the workers’ compensation process, addressing these challenges as you recover.
What Types of Transportation Accidents Qualify for Workers’ Compensation?
It’s important to note that commuting to and from work does not generally qualify as transportation for workers’ compensation purposes. If you are in an accident on your way to or from work, you will likely have to rely on auto insurance policies to cover your losses, although you may have grounds for a car accident lawsuit—a pursuit our personal injury law firm also helps clients with.
Examples of work-related transportation accidents include:
- A moving van driver rear-ended by another motorist
- A construction worker involved in a collision while traveling between worksites
- A delivery driver striking an animal that enters the roadway and causes injuries and vehicle damage
There are countless scenarios in which someone who qualifies as an employee can suffer injuries in a traffic accident. These scenarios include:
- Single-vehicle accidents
- Two-vehicle accidents
- Collisions involving three or more vehicles
- Collisions with pedestrians, bicyclists, animals, and scooter riders
- Accidents involving motorcyclists
Workers’ compensation and car accidents or truck accidents are a common combination that our firm encounters. The U.S. Bureau of Labor Statistics (BLS) found that about 30% of jobs in 2016 required some degree of driving (not including commutes). Accidents are inevitable, but our attorneys work hard to ensure injured workers get the money they deserve after these accidents.
Workers’ Compensation Claims for Truck Drivers
Truck drivers face an outsized risk of work-related transportation accidents, as the National Safety Council (NSC) explains that in 2021, drivers of large trucks accounted for 10% of all vehicle miles traveled in the United States that year.
Workers’ compensation claims for truckers can pose additional challenges. For one, we must determine the accident’s cause, which can be difficult considering that trucks are complex vehicles. However, we are up to these challenges and have secured compensation for many truck drivers through workers’ compensation claims and lawsuits.
Can Rideshare Drivers Claim Workers’ Compensation Benefits?
Generally, no. Ride share drivers are most often independent contractors, meaning they are not entitled to workers’ compensation benefits.
However, ride share drivers can generally use their insurance, the ride share company’s insurance, and the possibility of filing a lawsuit. Our firm helps ride share drivers and other ride share accident victims pursue fair compensation for their damages.
What Accident-Related Damages Will a Workers’ Compensation Claim Cover?
The California Department of Industrial Relations (DIR) (Page 2) explains that workers’ compensation benefits generally cover:
- Medical expenses: You should receive comprehensive coverage for medical costs from your accident, including diagnostic imaging, hospital stays, doctor’s visits, and rehabilitation.
- Income loss: You will generally receive a majority percentage of income you lose because you have injuries and cannot work.
- Disability benefits: If your accident-related injuries prove disabling, you could receive benefits reflecting the cost of being disabled (including lost income).
- Compensation for job retraining: If you must learn new skills or engage in other training to resume work after recovery, workers’ comp benefits may help cover the vocational retraining.
Our attorneys will review your case and determine if you are entitled to any other benefits through workers’ compensation or other channels.
Can I File a Lawsuit for a Work-Related Transportation Accident?
You may be able to file a lawsuit for a work-related transportation accident. A motorist who caused your accident, the manufacturer of a defective vehicle or part, a municipality responsible for dangerous road conditions, or another party may be liable for your accident-related damages. As we review your case, our team will:
- Identify the damages or losses resulting from a work-related transportation accident
- Determine the financial cost of your damages or losses
- Review all your options for seeking compensation
- Advise you on how to pursue the money you deserve
One of workers’ compensation’s benefits is it generally provides benefits regardless of fault. So, even if you caused your transportation accident, you may be eligible to receive workers’ comp benefits. However, workers’ compensation may not be your only (or best) option for seeking the financial recovery you deserve.
Call Us Today for a Free Consultation About a Workers’ Compensation Claim for a Work-Related Transportation Accident
Our firm helps clients resolve workers’ compensation claims and lawsuits related to transportation accidents. Our dedicated, compassionate lawyers are ready to fight for your deserved compensation.