When Can You File a Workers’ Comp Claim for a Car Accident?
In New Jersey, as in other states, when you have suffered a workplace injury, you’re entitled to seek benefits for lost income and reasonable medical expenses through a workers’ compensation claim. The only requirements to qualify for workers’ comp are that you suffered an injury and that it was work-related. Obviously, if you slip and fall on company property, or you’re hurt while lifting, carrying, or pushing something on the job, that’s a work-related injury. But what if you’re involved in a car or truck accident? Can you still be eligible for workers’ compensation?
Was Your Car Accident Work-Related?
You can only receive workers’ comp benefits for injuries suffered in a motor vehicle accident if you were on the road as a part of your job:
- Commuting to and from work—As a general rule, your drive to or from work is not considered a part of your job. If you are involved in an accident while commuting, you won’t be able to collect workers’ compensation, unless you took a detour from your normal route to perform a work-related task. For example, if your boss asked you to pick up bagels or donuts, or asked you to stop by the post office, you may be eligible for benefits if you were injured on the detour.
- Injuries sustained when leaving the property during ordinary business hours—If you drive anywhere at the request of a supervisor or as part of your job (for example, you go to visit an account or take another employee to a job-related destination), you can seek workers’ comp benefits. If, however, you leave the premises to get lunch for yourself, you’ll generally not be eligible for benefits, unless you are also bringing back lunch for coworkers at the request of a supervisor.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after you have been hurt in a New Jersey accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.