Vehicle Accident Injuries and Workers’ Compensation: What to Know
Motor vehicle accident injuries are common, and they often impact workers. Yet whether or not injuries in a vehicle accident — from a truck accident to a passenger car crash — are compensable through the workers’ compensation system depends on whether the injury arose out of the person’s employment and occurred in the course of employment. Those are two requirements set by the Maryland Workers’ Compensation Commission (WCC). An injury generally arises out of employment when the injury occurs within the conditions that are expected of the worker’s job duties, meaning that the nature of the worker’s job generally exposes them to the risks associated with the accident and injury. An injury arises in the course of employment based on the “time, place, and circumstances of the injury,” according to the WCC.
Given these two requirements for an injury to be compensable through the workers’ compensation system in Maryland, there are some vehicle accident injuries that are covered and others that are not. A Maryland workers’ compensation lawyer can explain.
Covered Injuries in Motor Vehicle Accidents
When a vehicle accident is compensable, it must arise out of and occur in the course of employment. A truck or car crash might generally arise out of employment when the worker’s job involves driving, such as delivering goods for a delivery truck service or running errands as an assistant to an employer. Some vehicle collision injuries, such as those affecting workers on foot, might arise out of employment when a construction worker is tasked with roadside work or similar.
The vehicle accident injury would generally occur in the course of employment if the employee was working and performing job duties at the time of the injury.
Vehicle Accident Injuries Unlikely to Be Covered by Workers’ Compensation
Motor vehicle accident injuries are never compensable when an employee is traveling or commuting to or from work.
Vehicle accident injuries also may not be compensable when they happen during the employee’s job duties but occur very unexpectedly, such as if a vehicle crashed through a white-collar office building and injured an employee seated at a desk. In that type of circumstance, the injuries might have occurred in the course of employment (the second factor or requirement) but would not be said to arise out of employment (the first factor or requirement).
Third-Party Claims for Vehicle Accident Injuries in Maryland
Whether your vehicle accident injury is likely to be compensable through the Maryland workers’ compensation system or not, it may be possible to file a civil lawsuit against the at-fault party in the vehicle collision in order to seek financial compensation. When a vehicle accident injury is covered by the Maryland workers’ compensation system and it is also possible to file a lawsuit, this type of lawsuit is typically known as a third-party claim.
Contact Our Maryland Workers’ Compensation Lawyers
If you were injured in a motor vehicle collision while working, whether a truck accident or another type of vehicle crash, your injuries could be compensable through the Maryland workers’ compensation system. One of the experienced Maryland workers’ compensation attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can speak with you today about the details of your injury and can assist you with your workers’ compensation claim.
Source:
wcc.state.md.us/gen_info/wcc_benefits.html
