Workplace Car Accidents: Can I Seek Workers’ Compensation?
Accidents and injuries can occur at Fort Lauderdale workplaces in a wide variety of ways, from slips and falls or falls from heights to serious car accidents. Yet it can be difficult for an injured worker to know with certainty whether a particular type of injury that happens on a job site is compensable through the Florida workers’ compensation system, and whether or not any other options are available for seeking financial compensation. Motor vehicle collisions can be complicated when it comes to workers’ compensation since the injured worker may have been involved in the accident at his or her workplace, yet that worker might not actually be able to seek compensation by filing a workers’ compensation claim. Our experienced South Florida workers’ compensation lawyers want to provide you with some questions you can ask yourself to help understand how you can seek compensation for a workplace car accident.
Is Driving Part of Your Job?
Is driving a car, truck, or another type of motor vehicle part of your job description? In some cases, driving is the majority of a person’s job (such as a person who is a commercial truck driver or a delivery driver for a particular restaurant), but driving can also be just one portion of a person’s job duties (for example, a personal assistant might be tasked with a variety of jobs around the workplace and occasional tasks of picking up or dropping off materials at another site). If driving is within the scope of your employment and you were involved in a car accident while performing a job duty—regardless of whether you were actually at your workplace itself when the accident occurred.
Were You On the Clock Yet?
Sometimes motor vehicle accidents can happen on a person’s way to work, or even in the parking lot of a workplace. Generally speaking, any kind of injury that occurs when you are on your way to work or leaving the workplace after finishing a job or shift will not be compensable through the Florida workers’ compensation system. You will need to be “on the clock,” whether that means you have clocked in on a timecard or you are performing a task within the scope of your employment such that you are, in effect, on the clock. Otherwise, it may be difficult to obtain compensation through a workers’ compensation claim, but you should have an experienced Fort Lauderdale workplace injury lawyer assess your case before you make assumptions or reach any conclusions on your own.
Were You On a Meal Break?
Depending upon the circumstances of the injury, sometimes workplace injuries that occur on a worker’s meal break are not compensable through workers’ compensation. At the same time, however, you should know that many of these kinds of accidents can be compensated when the injured worker files a workers’ compensation claim after a lunchtime accident, for example. Our Fort Lauderdale workers’ compensation lawyers can evaluate your case.
Is a Third-Party At Fault?
In some car accident cases that happen at a worksite, a third-party might be responsible for injuries. For example, a worker who is driving as part of his or her job duties might be injured in a collision caused by another negligent driver on the road. In such cases, it may be possible to file a workers’ compensation claim and to file a lawsuit against the negligent third-party motorist.
Seek Advice from Our Workers’ Compensation Lawyers in Fort Lauderdale
If you have any questions about your eligibility for workers’ compensation benefits after a car accident, you should seek advice from one of our Fort Lauderdale workers’ compensation attorneys as soon as you can. Contact the Law Offices of David M. Benenfeld, P.A. today to get started on your claim.