Many jobs require monthly, weekly, or even daily travel. Delivery drivers and couriers spend most of their days in vehicles, but even office workers may need to visit clients, run errands, and drop off paperwork at other offices. And of course, every second those employees spend on the road is a second that they’re in danger of being involved in a crash.
Indiana employers are required to carry workers’ compensation insurance to reimburse their employees if they get hurt on the job, but what happens if their injuries occur on the road instead?
If they’re on-the-clock as an hourly or salaried employee—i.e., they’re driving for work-related reasons—they can file a workers’ compensation claim. They may even be able to file a personal injury claim on top of it, too. Keep in mind, however, this does not apply to commuting to and from work.
It’s a no-brainer that someone who spends most of their workday behind the wheel of a personal or company vehicle would be able to file a workers’ comp claim after an injury crash. But that protection applies to all employees hurt in crashes, provided they were driving or riding in vehicles as part of their job duties.
Employees hurt in on-the-job crashes should go about the workers’ compensation process just as they would if they were hurt in the office or on the job site. After calling 911 and exchanging information with the other driver, they should tell their employers what happened. Injuries must be reported to your employer to be eligible for a workers’ compensation claim. The deadline to report an injury to your employer is also much shorter than the deadline to file a worker’s compensation claim, so it is important to do so even if you are unsure whether or not you will be filing a claim later.
After reporting the crash, employers injured in vehicle crashes should get medical attention for their injuries. Finally, they should contact an experienced Indiana workers’ compensation lawyer to protect their rights.
Whether you were driving a company vehicle or your own vehicle, you may also be eligible for compensation from the other driver or their insurance if they hit you. This is important because workers’ compensation benefits do not include compensation for pain and suffering.
Work-related crashes should be handled no differently than other, off-the-clock crashes. That means calling 911, getting the other driver’s info, getting medical treatment, reporting the crash to your insurer (if you were in your personal vehicle), and calling a lawyer.
Note that the other driver’s insurance company (or your own, depending on your coverage and claim) may be even more combative than the Indiana Workers Compensation Board when it comes to paying your claim. That’s why having an experienced attorney on your side from day one can make the process easier and more likely to be successful for you and your loved ones.
At Fleschner, Stark, Tanoos & Newlin, our attorneys will work hard to maximize your compensation after a work-related crash. That means potentially filing a workers’ compensation claim AND a personal injury claim on your behalf. Not only are we familiar with the workers’ compensation approval and appeals process, but we also know how insurance companies view auto accident claims.
Note that personal injury settlements are often used to reimburse the workers’ compensation board if damages are awarded. However, our lawyers have many years of experience handling both types of claims for the same clients, and we know how to maximize compensation. Simply put—you were injured on the job and through someone else’s negligence, and you deserve to be paid for it. Don’t accept anything else than what you’re owed!
Pursuing two different types of claims at once isn’t easy. In fact, for the victims themselves, it’s downright impossible. Insurance companies typically refuse to pay victims what they deserve, and first-time workers’ compensation claims often fail. Don’t drive yourself crazy juggling these frustrations when you should be resting and recovering.
Our lawyers know what you’re going through, and we know how to help. Let us give you the peace of mind you need during this difficult time. From the day you call us, we’ll collect evidence for both your workers’ compensation and personal injury claims, and we’ll build compelling cases that the workers’ comp board and the insurance company can’t ignore. Contact us today for a free consultation.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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