Does Workers’ Compensation Cover Car Accident Injuries?
Getting into an accident with your car is bad. Getting into an accident with somebody else’s car is even worse. If that car is a company vehicle, it can get complicated, especially if losing its use impacts your job. There is also the issue of medical expenses and lost wages that might be incurred as a result of the accident. Does workers’ compensation cover car accident injuries in Maryland? The answer depends on the car you were driving and why you were driving.
Commuting Versus Working
According to a Maryland Commuter Survey conducted by the University of Maryland, the average worker spends around 60 minutes each day commuting back and forth to work. Although many consider that commute as the start of their workday, as far as the laws are concerned, you would not be able to file a claim for workers’ compensation if you get into an accident on your commute. However, there are a few exceptions you need to be aware of.
If you were driving a company-issued car, you could qualify for workers’ compensation. You could also file a claim if you were driving for a specific work task. For instance, if your boss asks you to drive to pick up supplies or even coffee for the office and you get into an accident, a claim could be made for workers’ compensation. That same exception applies if you are driving to an outside destination, such as a work conference or meeting. Additionally, if your job requires you to drive, such as with a salesperson or representative, you could be entitled to workers’ comp benefits.
Should You File a Workers’ Compensation or Private Insurance Claim?
The Maryland Workers’ Compensation regulations require companies with more than one employee to obtain the insurance. It is designed to provide reimbursement for medical expenses and lost wages for an injury that happens on the job. However, with a work-related car accident, there are additional considerations regarding whether you should file a workers’ compensation or private insurance claim. In theory, you could file both, but you would only be compensated once.
A workers’ compensation claim can cover your medical expenses and a portion of your lost wages while you are recovering from the accident. It is important to remember that workers’ compensation will only pay lost wages based on the average weekly salary in the state, which is $1,080. If you make more than that, then you would be at a loss. However, with a personal liability settlement, you could receive the full amount of your lost wages and future earning potential if the injuries permanently prevent you from returning to work.
The thing to keep in mind is that, as mentioned, you can’t be paid twice. For instance, you can’t file a workers’ compensation claim if you file a personal insurance claim and receive reimbursement. The reverse is also true if you receive benefits from workers’ compensation and then get an award from a private insurance company; your workers’ compensation benefits will be deducted. As an example, you could get $4,000 from the workers’ compensation policy and be awarded $15,000 from your insurance company. That insurance carrier would be able to deduct the $4,000 and award you a final amount of $11,000.
It is also important to note that if you take your personal injury claim to trial, the defendant could not mention them as a way to mitigate what the jury would award you.
These are the kinds of complicated regulations that you need to be explained by an experienced team of attorneys like those at Belsky & Horowitz, LLC. We can help you determine which approach is best for filing in your scenario.
The Maryland Going and Coming Rule
Even though the state’s workers’ compensation act doesn’t pay for an accident that happens when commuting to work, there are other exceptions that fall under the going and coming rule. Here are some of the scenarios where you could file for workers’ compensation if you were injured going or coming from work:
- Tripping on the sidewalk on work property
- Injuries or accidents that occur in a company-designated parking area
- Injuries at a company gathering or work-sponsored event with co-workers or clients
- Being injured while on a business trip or traveling between multiple job sites
Retaining the Right Legal Counsel
If you are injured in an accident related to your work, you have the right to file a workers’ compensation claim. You might also be entitled to file a personal injury insurance claim. The attorneys at Belsky & Horowitz, LLC can provide the information you need to help you decide which would be the best option. There is no guarantee of an outcome, but we can show you all the options.
Schedule a free case evaluation today to discuss what happened. We’re ready to listen.
