QUESTION
Can an employee who had an accident claim worker's compensation?
Asked on Mar 19th, 2013 on Automobile Accidents - Washington
More details to this question:
A reservation sales agent had an accident. He was T-boned with a strained lower back and neck lashed. Can he file worker’s compensation claim?
18 ANSWERS
Ronald A. Steinberg
Only if the accident occurred while he was on the job.
Answered on Mar 21st, 2013 at 10:03 AM
It depends. Did the accident happen while the employee was at work or "on the job"? Workers compensation covers the employer for work related injuries.
Answered on Mar 21st, 2013 at 7:53 AM
Lisa Hurtado McDonnell
This sounds like an auto accident. Was he working at the time auto accident? Was he driving at his employer request? Is his employer covered by workman's compensation insurance? If the answer is yes to all these question then the answer is probably yes.
Answered on Mar 20th, 2013 at 10:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If the accident happened in the course of employment, he can file for workers compensation and file suit against the at fault driver.
Answered on Mar 19th, 2013 at 8:15 PM
Yes he can file for worker's compensation benefits including temporary disability benefits and permanent disability benefits and future medical treatment.
Answered on Mar 19th, 2013 at 8:04 PM
James Eugene Hasser
If the employee was on the job doing work for the employer when the accident happened, then, yes, he or she has a claim.
Answered on Mar 19th, 2013 at 4:58 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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In Kansas, in order for the event to be compensable as a workers' compensation case, the car trip had to have been "arising out of, and in the course of employment." There are many cases that try to define those concepts. On a business trip, workers' compensation insurance will provide the primary coverage for the injuries. If someone else was at fault and caused the accident, you may also have a claim against their automobile insurance coverage. Although double recovery is not allowed, your attorneys will discuss with you whether a "third party claim" against the party at fault would be beneficial for you. Consult an experienced workers' compensation lawyer.
Answered on Mar 19th, 2013 at 4:38 PM
Ward Merdes
Normally, yes. For a WC claim to work, the injury must have taken place during the "course and scope" of employment. NB Alaska has a ton of strange WC rules. It is best to contact an attorney. Also, remember that we have a 2 year Statute of Limitations, so act fast or risk losing rights. I wish you well.
Answered on Mar 19th, 2013 at 4:35 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally if the crash happens while the employee is on the job or performing work for the employer, then yes there is a comp. claim. However, if not in the scope and course of work, then usually no claim. However, each fact pattern/employer requirement is different and it is best to contact a lawyer who regularly handles workers comp. cases to explain the specific facts and get an opinion.
Answered on Mar 19th, 2013 at 3:31 PM
Personal Injury Attorney serving Baton Rouge, LA
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Law Offices of Chris Cascio, LLC
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If the accident occurred during the course and scope of the employee's employment the employee could have a worker's compensation claim as well as a tort claim against the person who caused the accident.
Answered on Mar 19th, 2013 at 2:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A person who is injured in the course and scope of his work has a worker comp case. see a good comp lawyer if the injury is severe and there will be a lot of time out of work or a lot of medical bills.
Answered on Mar 19th, 2013 at 2:55 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, he may have 2 claims, a worker's comp claim against his employer and a personal injury claim against the at fault driver.
Answered on Mar 19th, 2013 at 2:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need more details but sure looks like a claim.
Answered on Mar 19th, 2013 at 2:55 PM
If the injured person was working when the accident happened, he can and should use worker's compensation.
Answered on Mar 19th, 2013 at 2:54 PM
Edwin K. Niles
Yes, if he was acting within the course and scope of his employment.
Answered on Mar 19th, 2013 at 2:54 PM
Whether he can file for workers' compensation depends on what he was doing in the car. If he was working, then most likely he will be able to file the injury with his employer's workers' compensation carrier. If he was on the way or leaving work, then most likely he will not be able to file with his employer.
Answered on Mar 19th, 2013 at 2:54 PM
Thomas Edward Gates
Only if the accident is related to his job function.
Answered on Mar 19th, 2013 at 2:53 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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Pursuant to Missouri law, if the accident occurred while in the scope and course of his employment, and he was not just traveling to and from work, then the employee can file a worker's compensation claim. The worker's comp carrier who makes payment will be entitled to a lien from any proceeds received from the third party driver's insurance company.
Answered on Mar 19th, 2013 at 2:53 PM