Workers Compensation Car Accident Settlement

 

How to Get Benefits, Medical Treatment, and Money Damages if You’re Hurt in a Motor Vehicle Accident While Working

 

Motor vehicle accidents are a leading cause of catastrophic injury and death to persons of all ages in the United States. Every five seconds a crash happens, every ten seconds a driver or passenger is hurt, and every 12 minutes someone dies because of an auto accident.

 

Many of these motor vehicle accidents happen during the workday. And involve people going to and from work or completing job-related tasks. In 2013 motor vehicle accidents killed more than 1,500 people while they were working and injured close to 300,000 more employees.

 

If you’re hurt in one of these auto accidents while on the clock, you may be entitled not only to workers compensation benefits but also to money damages through a personal injury lawsuit.

 

The goal of this article is to help you – the injured employee – receive workers comp if you’re hurt in a car accident while working. And to help you figure out if you have a viable personal injury case because of your on-the-job crash.

 

After reading this article you will know:

 

  • How the number of workers comp motor vehicle accident claims has increased in the past decade;

 

  • What makes workers comp car accident claims different from other types of workers comp claims;

 

  • Common causes of on-the-job auto accidents and injuries resulting from motor vehicles;

 

  • What employees are at the greatest risk of having a workers comp car accident case;

 

  • The most common injuries and conditions resulting from an on-the-job motor vehicle crash;

 

  • The types of workers comp benefits available if you’re hurt in work-related auto accident;

 

  • Specific rules that apply to workers comp car accident claims;

 

  • The costs of motor vehicle accidents to employers;

 

  • When you may have both a workmans comp and personal injury claim because of your motor vehicle crash; and

 

  • When you may seek Social Security Disability benefits because of an auto accident while on the job

 

You must protect your legal rights. Generally workers comp claims resulting from auto accidents are more costly, last longer, and lead to more severe injuries than other types of workers comp claims. Take action now so that you can give yourself the best chance of physical and financial recovery.

 

If you have questions about workers compensation laws, or are looking for help calculating the value of your personal injury case, call me for a free consultation: 804-251-1620 or 757-810-5614. As an experienced Virginia workers compensation lawyer and Richmond car accident attorney, I’ve helped hundreds of people obtain top-dollar auto accident and workers comp settlements arising out of motor vehicle crashes on the job. And I can help you.

 

Frequency of Workers Compensation Motor Vehicle Accident Claims

 

The number of workers comp claims filed each year has declined over the past decade.

 

There are several reasons for this: automation; the use of robots in warehouses and distribution centers; a focus on safety in the workplace; and, an increase in the pressure that employers put on employees to not file for workers comp so that insurance premiums don’t go up.

 

But one type of workers comp claim has not followed this trend: workmans comp claims based on auto accidents. These claims, which include both “occupant” claims, where a motor vehicle occupant is hurt, and “struck by” claims, where a pedestrian, bicyclist, or co-worker standing around is hurt in the motor vehicle accident, have increased over the past decade.

 

Traffic crash injuries and fatalities among the general population, meaning those not hurt in a motor vehicle accident while working, has also increased in frequent years.

 

What Makes On-the-Job Motor Vehicle Accidents Different: Characteristics of Workers Comp Car Accident Claims

 

Workers comp claims involving motor vehicle accidents differ from other claims for many reasons. These include:

 

  • Motor Vehicle-Related Workers Comp Claims Last Longer: According to a report from an industry organization, fewer workers comp motor vehicle accident claims are closed at the 24-month and 60-month periods than other types of workers comp claims. For example, roughly 22 percent of workers compensation claims involving car accidents remain open, meaning they haven’t settled, more than two years after the date of accident. In contrast, less than 10 percent of other types of workers’ comp claims remain open.

 

  • Motor Vehicle-Related Workers Comp Claims Often Involve Subrogation: Under the Workers Compensation Act the workers comp insurance carrier is allowed to collect a portion of the money it pays you under the work injury claim from the proceeds of your personal injury case, regardless of whether the personal injury case settles or results in a jury trial verdict. This is known as the workers comp lien. An experienced attorney can help you negotiate a reduction in the workers comp lien. And help you deal with other personal injury liens, such as liens asserted by health insurance plans if you used health insurance after a work accident. The ultimate goal is to maximize your recover through both claims.

 

  • Workers Comp Car Accident Claims Involving Third-Party Negligence Actions Require Negotiation of Future Benefits: Those of you who are receiving workers comp because of an auto accident while pursuing a civil action based on negligence must negotiate with the workers comp insurance carrier before settling the negligence action. This includes obtaining permission to settle from the workers comp insurance company or petitioning the court for approval. Failure to do so may cost you hundreds of thousands in workmans comp benefits in the future.

 

  • A Higher Percentage of Males are Injured in Work-Related Auto Accidents: Compared to other types of workers compensation claims, a higher percentage of males are injured in on the job crashes. This is likely because many of the top occupations with auto accidents are made up of a predominantly male work force. For example, the trucking, delivery driver, automobile service and repair, and law enforcement industries are majority male.

 

  • A Higher Percentage of Employees Ages 25-44 are Involved in Work-Related Car Accidents: This is significant for two reasons: 1) most of you in this age category are on an upward trajectory with respect to earnings because you are more established in your career, which leads to a higher temporary total disability rate and 2) those of you in this age category have acquired job skills that are not easily transferable to new careers if you are unable to return to their pre-injury job because of the work accident. This increases the potential value of a workers compensation settlement for your car accident.

 

  • Workplace Car Accidents are More Expensive than Other Claims: Compared to other types of cases, workers comp claims arising out of motor vehicle accidents lead to more lost-time, more medical treatment, and more expenses than other types of cases. Some studies show that workers comp motor vehicle accident claims cost twice as much as the average claim because they involve catastrophic injuries such as brain injuries, post-concussion syndrome, spinal cord injuries, herniated discs, and neck injuries. And employers and insurance carriers know this. That is why they will do what they can to deny your workmans comp automobile accident case and minimize its value.

 

  • Motor Vehicle Accidents are Responsible for a Large Percentage of Workers Comp Fatal Claims: Over the past few years more than 40% of worker comp fatal claims involved car accidents.

 

  • Workers Comp Auto Accident Claims Often Involve Criminal Law and Analysis of Statutes Not Found In the Workers Compensation Act: Because workers comp car accident claims are so costly to employers and insurers, they will often try to deny your case on the basis that you violated a safety rule or statute. If they raise this type of defense – or if you received a traffic ticket for reckless driving, speeding, or following too closely – you should contact an attorney immediately. It is still possible to win your claim because workers compensation is a no fault system. Negligence is not a defense to a workmans comp claim.

 

Common Causes of On-the-Job Motor Vehicle Accidents

 

I’ve represented hundreds of employees hurt in car accidents while working. Many of these auto accidents were caused by:

 

  • Other drivers operating their vehicles negligently and striking the employee’s vehicle;

 

  • Other drivers operating their vehicles negligently and striking the employee while he or she was walking, standing, working on the side of the road, or delivering a package. For example I’ve represented multiple people in car sales who were hit by customers or other employees parking a vehicle. I’ve also represented clients who were run over by motorists who were not paying attention in a work zone;

 

  • Other drivers operating their vehicles while driving drunk or high;

 

  • Smartphone usage. According to the National Safety Council, more than 24% of motor crashes involve drivers using a cell phone, either for talking or texting. In my experience many employees feel that they must respond to emails, calls, and texts from their employers or customers while driving, or else they’ll lose their job.

 

  • Aggressive driving;

 

  • Drowsy driving;

 

  • Fatigued driving;

 

  • Defective tires; and,

 

  • Another vehicle sideswiping their vehicle.

 

Though not considered car accidents, I’ve also represented employees with workers comp claims arising out of:

 

  • All Terrain Vehicle (ATV) accidents;

 

  • Boat accidents;

 

  • Forklift accidents;

 

 

 

 

  • Absorption, ingestion, or inhalation of toxic fumes or chemicals from a motor vehicle. This is a common injury suffered by mechanics or warehouse workers who operate motor vehicles in enclosed spaces such as a warehouse

 

No matter the cause of your on-the-job auto accident or injury involving a motor vehicle, I can help.

 

What Employees are at the Greatest Risk of Suffering Injuries in a Work-Related Car Accident?

 

In today’s economy most of us drive – at least a few times per month – as part of our job. That means all of us are at risk of an on-the-job motor vehicle crash, no matter our occupation or the industry we work in.

 

But some employees are at greater risk of suffering injuries in a work-related car accident. Here is a list of the occupations with the largest share of highway fatalities and injuries resulting from motor vehicle accidents:

 

  • Long-Haul Truck Drivers
  • Salespersons
  • Bus Drivers
  • Clerical Office Employees and Administrative Staff
  • Mechanics
  • Local Truck Drivers
  • Delivery Drivers
  • Police Officers
  • Healthcare Transportation Companies
  • Home Health Nurses
  • Agricultural and Farm Workers
  • Construction Workers

 

Don’t see your occupation on the list? Don’t worry. I can help. Here is a full list of the injured workers I represent.

 

Common Injuries Resulting from On-the-Job Motor Vehicle Crashes

 

Work-related car accidents can cause devastation and change the course of your life forever.

 

Here is a list of the most common injuries resulting from on-the-job auto accidents:

 

 

 

 

 

 

 

 

  • Foot Injury

 

 

 

 

 

  • Knee Injury, including Torn ACL and other problems caused by the leg jamming against the dashboard

 

  • Neck Injury, including cervical sprains, cervicalgia, and whiplash. A large percentage of workers comp car accident claims involve these injuries.

 

 

 

 

Depending on the nature of your initial trauma and recovery, you may develop complex regional pain syndrome (CRPS) from your auto accident related injuries. CRPS, also called reflex sympathetic dystrophy causes widespread pain.

 

Your employer and its workers compensation insurance company is liable for payment of medical care and wage loss resulting from your CRPS if the medical evidence shows a relationship between the auto accident and your pain condition.

 

If you’re experiencing depression, anxiety, or symptoms of post-traumatic stress disorder (PTSD) after your car accident, you may receive medical coverage and wage loss payments through workers comp. It’s common to feel this way after an on-the-job wreck. Just make sure you reach out for help if you need it.

 

Workers Comp Benefits Available if You’re Hurt in an On-the-Job Auto Crash

 

There are several benefits available under the Workers Compensation Act. If you’re hurt in a motor vehicle accident related to your employment you may receive:

 

  • Temporary Total Disability (TTD) payments if your doctor disables you from all work because of your motor vehicle accident injuries or your doctor restricts you to light duty work that keeps you from returning to your pre-injury employment.

 

  • Temporary Partial Disability (TPD) payments if your doctor releases you to light duty work and your pre-injury employer accommodates your restrictions or you find a lighter job elsewhere.

 

 

  • Lifetime Medical Benefits that include the payment of hospital bills, doctor appointments, therapy, assistive devices, prostheses, and home and vehicle modifications related to injuries suffered in the motor vehicle accident.

 

 

 

  • A Lump Sum Settlement that takes into consideration your future medical expenses, permanent disability, and ongoing wage loss.

 

  • Death Benefits payable to your spouse and children if your car wreck is fatal.

 

  • Permanent Total Disability payments if you’re unable to return to any type of employment after receiving 500 weeks of TTD payments.

 

I recommend contacting an attorney immediately. There are procedural requirements you must satisfy to receive workmans comp for an on-the-job accident. This includes reporting your accident right away and seeking medical care.

 

Specific Rules that Apply to Workers Compensation Claims Involving Auto Accidents in Virginia

 

There are special rules that may apply to your workers comp car accident case. These include:

 

Going and Coming Rule for Motor Vehicle Accidents

 

Generally injuries suffered while you are driving to and from work are not covered under workers comp in Virginia because they do not arise in the course of the employment.

 

There are, however, three exceptions to the coming and going rule in Virginia:

 

  • The employer and its insurance carrier are responsible for benefits for injuries suffered going and coming from work when the employer provides the means of transportation or the time used for travel is paid for or included in the wages. This applies to those of you paid for travel time or provided with a company car, as well as those of you who are reimbursed for gas and mileage as part of your employment.

 

  • The employer is responsible for benefits if you are injured while using the sole and exclusive way of entering and exiting the premises, or where the entrance way is constructed by the employer.

 

  • The employer is responsible for benefits if you are injured while driving or riding on your way to or from work and are still charged with completing a task related to the employment.

 

Special Errand Rule

 

The Workers Compensation Commission‘s special errand rule states:

 

When an employee, having identifiable time and space limits on his employment, makes an off-premises journey which would normally not be covered under the usual going and coming rule, the journey may be brought within the course of employment by the fact that the trouble and time of making the journey, or the special inconvenience, hazard, or urgency of making it in the particular circumstances, is itself sufficiently substantial to be viewed as an integral part of the service itself.

 

For your work-related auto accident to fall under the special errand rule, you must be acting in a way that benefits your employer.

 

Dual Purpose Doctrine

 

The dual purpose doctrine is another exception to the going and coming rule. This doctrine recognizes that an employee can be serving personal and business purposes at the same time.

 

For example, if you go to the hardware store to pick up tools for your boss and then buy something else for use at your home, the Workers Compensation Act provides benefits if you are injured in an auto accident traveling to and from the store.

 

Injuries During Work-Related Travel

 

In general you are covered by workers compensation if you are injured during work-related travel. Read my article on workers compensation jurisdiction for more information on where you should file your claim.

 

I have represented employees who were injured while out of town for meetings and while riding as passengers in employer-provided transportation to retreats.

 

The Cost of Motor Vehicle Crashes to Employers

 

Insurance companies defend workers comp car accident claims so aggressively because of the costs to employers.

 

Several studies have tried to pin down the costs of motor vehicle crashes to employers. One study found:

 

  • The average crash cost to an employer is $16,500 per crash. This includes both on-the-job motor vehicle accidents and off-the-job motor vehicle accidents.

 

  • The average cost to an employer when an employee has an on-the-job crash is over $70,000 per crash. These costs exceed $500,000 when the employee suffers a catastrophic injury or death.

 

  • Motor vehicle crashes cost employers between $47 billion and $60 billion per year in medical treatment, insurance payments, legal expenses, property damage, and lost productivity.

 

  • In 2013 employer costs for motor vehicle crashes in Virginia, both on and off the job, were over $1 billion. This came out to $270 per employee.

 

  • In 2013 employers in the following industries had the highest costs for motor vehicle crashes: Agriculture, Forestry, and Fishing; Manufacturing; Wholesale Trade; Retail; Health Services; and Business to Business Services.

 

Am I Limited to Workers Compensation for My Motor Vehicle Accident or Do I Have a Third-Party Personal Injury Case?

 

I pursue all sources of recovery for my clients. This may include filing a workers comp claim, bringing a negligence action under tort law, and applying for Social Security Disability or Long Term Disability.

 

When Do You Have Both a Workers Comp Claim and Personal Injury Case Because of an Automobile Crash?

 

Determining who is responsible for compensating you for injuries resulting from an auto accident on the job is complicated. Whether you have both a workmans comp and personal injury insurance claim depends on the answers to several questions, such as:

 

  • Were you operating your own vehicle or an employer-owned vehicle at the time of the accident?

 

  • Were you involved in a single-car crash or was another vehicle involved?

 

  • If you were involved in a crash involving multiple cars, was the other driver negligent?

 

 

 

  • Did your crash happen while you were commuting to or from work, or did it happen while you were on the clock going from job site to job site?

 

  • Did your motor vehicle crash happen while you were traveling for work?

 

  • Were you a pedestrian struck by a car in the company parking lot?

 

 

  • Were you an employee struck by a motorist while outside performing your job duties?

 

  • Did a defective product, such as a tire or other automobile part, cause your accident and injuries? If so you may have a product liability action against the negligent parts manufacturer.

 

I recommend reviewing these questions with an attorney experienced in both workers comp and personal injury claims.

 

If possible you should pursue all potential claims, especially since they allow for different benefits and damages.

 

For example, you can recover monetary damages for pain and suffering through your personal injury case, as well as punitive damages if the negligent party’s acts or omissions were outrageous. Workers comp doesn’t allow for such recoveries.

 

Workers comp does, however, provide lifetime medical treatment for your work-related injuries – presuming you win your case. This means your employer or its workers comp insurance carrier must offer a panel of doctors from which to choose an authorized treating physician. Personal injury cases take into account past, present, and future medical expenses as compensatory damages, but do not provide medical treatment.

 

When Are You Entitled to Social Security Disability Insurance (SSDI) Benefits Because of a Car Accident While Working?

 

What you must prove to receive SSDI benefits for injuries resulting from a motor vehicle crash is much different from what you must prove to receive workers comp benefits or money damages through a negligence action.

 

Put simply, you must prove that injuries suffered in your auto accident have either kept you – or will keep you – from returning to work for at least one year. There are additional factors depending on your age, education, acquired job skills, and pre-injury employment.

 

You can receive SSDI benefits while receiving workers comp or pursuing money damages through a personal injury case. But you must consider Medicare’s interests in settling your cases. This is done through the use of a Medicare Set Aside.

 

Your Attorney for Workers Compensation Car Accident Claims in Virginia

 

Most people think of injuries from falls or heavy machinery when they hear the term workers compensation. But it covers injuries sustained in auto accidents arising out of and in the course of the employment as well. This includes injuries that happen while:

 

  • Driving to make a delivery

 

  • Running an errand for your employer

 

  • Driving a co-worker to a job site or other location for work-related purposes

 

  • Traveling to an out-of-town location for work-related purposes

 

  • Driving a company vehicle with permission

 

  • Driving to and from job sites

 

You can receive workers compensation benefits even if the car accident was your fault.

 

Unlike auto accident injury cases in civil court, workman’s comp is a no-fault system. As long as you did not violate the law or operate the motor vehicle accident while under the influence of drugs or alcohol, you can receive medical coverage and lost wage benefits through workers comp for an auto accident that occurs while working. But you’ll have to fight for your rights. The insurance carrier will do what it can to minimize the value of your case.

 

Call now for a free consultation: 804-251-1620 or 757-810-5614. I represent employees injured in car and truck accidents across the state, including those in Richmond, Chesterfield, Henrico, Newport News, Williamsburg, Hampton, Norfolk, Virginia Beach, Chesapeake, Fredericksburg, Fairfax, Stafford, Manassas, Loudoun County, Roanoke, Charlottesville, Staunton, and Bristol.

 

I look forward to helping you and your family recover damages during this difficult time.

Corey Pollard
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