Getting In A Work-Related Car Accident, What Is Important?
A worker should have been engaged in “work-related” activity—or engaged in employment-related driving—at the moment of their accident for workers’ compensation to pay benefits in an automobile accident. Because work-related accidents frequently occur outside an individual’s place of work, it is crucial to comprehend what exactly is meant by the term “work-related” and what activities are that are not insured. Contacting a workers’ compensation attorney in Fort Wayne is necessary.
Workers’ compensation often covers the following actions in Indiana:
- running a task for your company or supervisor
- delivering goods for your business
- taking a colleague or another employee somewhere for work-related reasons
- going to drive for a living while working from home
- traveling to a function hosted by work
- driving between two job sites
Unless your company pays for your commute, workers’ insurance is typically not covered if you were injured in a car accident while traveling to or from work or commuting during your lunch break. This guideline does not always apply, like when your employer requested you to stop and get some office equipment and ended up in an accident.
A Car Accident’s Employer and Employee Responsibility.
Whoever caused the accident should not affect your compensation if you were hurt while working because you should be covered by your employer’s workers’ compensation plan. In Indiana, workers’ compensation is a “no-fault” system, which means you can receive benefits whether you were at fault for the accident that resulted in your work-related injuries. Regarding the injured worker’s workers’ compensation benefits, liability is not a consideration.
Action for third-party damages against the opposing driver.
You should be qualified for workers’ compensation payments to compensate your medical costs and lost wages if the other motorist has been to blame for the collision and you become seriously hurt while operating a work vehicle. However, workers’ compensation does not cover non-economic losses like suffering and pain, emotional distress, or punitive penalties.
Superior and personal liability in response.
Liability might be crucial in a work-related accident if the worker caused the accident while using a corporate automobile and the other party or parties involved want to sue the motorist and their employer for their damages.
Respondent Superior is a legal principle that holds that employers are vicariously accountable for the negligence of their employees. The employee who caused the collision must have acted “within the nature and scope of work” in order for a company to be held liable.
The at-fault driver would be held personally accountable if they were driving while intoxicated or not performing a job-related duty at the time of the accident.
This doctrine shields the driver from personal liability lawsuits, which also benefits the accident victim by enabling them to pursue recompense through the driver’s employer, which has more financial resources.