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What Happens if I’m Injured While Driving to or Leaving My Workplace?

Injuries can occur anytime and anywhere. This includes when individuals are going to work or leaving work. However, there are often questions about whether or not individuals can recover some type of workers’ compensation if they sustain an injury when going to or from work. There is not always a clear-cut answer to this question, and it depends on several factors related to whether or not a person was on the clock at the time the injury occurred. A work injury attorney in Houston can help you break down the specific details of your case.

Work Truck Undergoing Repairs After Crash

Car Accidents Going to and From Work

Those who sustain injuries in a car accident when they are on the way to or from work may wonder whether or not they are covered by workers’ compensation. It is crucial to point out up front that workers’ compensation insurance typically will not cover accidents that occur when a person is going to or from the job.

The commute to and from work is considered personal time, and most car accident claims that occur during this time frame will need to be handled just like any other type of vehicle accident. There will need to be an investigation of the incident, liability will be determined, and the at-fault party’s insurance carrier will typically pay compensation to the injury or property damage victims.

However, there are some exceptions to when workers’ compensation will or will not cover vehicle accidents during the commute to and from work.

In the event the individual involved in the accident is in the process of carrying out any work-related duties, they may be able to recover workers’ compensation benefits for their losses. These duties can include a wide range of possibilities:

  • A supervisor could ask an individual to run some errands for the workplace
  • The individual could be “on duty” during their commute, which is not uncommon for those who have take-home company vehicles
  • Any vehicle accident that occurs while a person is on the clock

Any person involved in a vehicle accident while performing job-related duties should be able to recover workers’ compensation benefits if their employer has workers’ compensation insurance. Please remember that Texas does not require employers to carry workers’ compensation coverage for their employees.

In the event the vehicle accident is covered by workers’ comp, individuals may be able to recover various types of compensation for their losses. This would include complete coverage of all medical bills as well as a significant portion of lost wages if a person isn’t able to work while they recover.

This can be beneficial, particularly if the employee was completely or partially responsible for the incident. In a typical car accident case, the individual responsible for causing the incident will be unable to recover compensation. However, since workers’ compensation is a no-fault insurance system, a person who was on duty at the time of the incident occurs would still be able to receive benefits.

Working With an Attorney

If you or somebody you love has been involved in a vehicle accident, and you believe you should receive workers’ compensation coverage for the incident, we encourage you to reach out to a skilled injury lawyer as soon as possible. A Houston car accident attorney can examine your case and help determine the best steps moving forward to recover the compensation you need.

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