Industrial environments are not always as safe as they should be. Heavy industries like construction…
During an average day, you may spend much of your time driving for work and during work hours. Sometimes, this involves commuting to and from your job. Other times, it may involve driving during your break. Depending on the nature of your job, it can also potentially involve driving while on-the-clock and performing work-related tasks.
Perhaps you’ve been injured while driving during a work day. This experience could potentially result in injuries that may require costly medical treatment. Your injuries might even prevent you from working for a period of time until you make a recovery. If so, your financial burdens will be exacerbated due to the fact that you may not be earning wages.
Luckily, it’s possible you can recover compensation for your medical bills and lost wages resulting from your accident. One potential way to seek compensation is to file a workers’ compensation claim.
In California, it is almost an absolute certainty that your employer is required to purchase workers’ compensation insurance. This form of insurance allows you and other employees to seek money for medical treatment and other such expenses and losses after being harmed in a workplace accident.
However, it’s important to understand that employers often don’t want their employees to receive workers’ compensation benefits. They fear that if workers’ compensation claims get paid out, their insurance premiums will go up.
Insurance carriers themselves also don’t want to pay claimants when they can avoid doing so. Remember, insurance is a profit-driven industry. No insurer wants to lose money if they don’t have to.
Thus, if you file a workers’ compensation claim in California after being injured in a car accident, an insurance company might attempt to deny your claim by arguing that you were not operating as an employee when your accident occurred.
It’s not always clear whether the insurance company is accurately representing the circumstances of an accident when a claim is denied for this reason. Sometimes, an insurer is correct to suggest that an injured employee isn’t entitled to workers’ compensation benefits after a motor vehicle collision. For example, if you were injured in an accident that occurred when you were driving during a break because you weren’t technically working at the time of the accident, you are not eligible to recover workers’ compensation benefits.
However, in some instances, an insurance company may suggest you weren’t on the clock when your accident happened, even though you believe you were. You don’t have to simply accept the insurance company’s judgment in this scenario. You could potentially gather evidence and present a case showing you actually were operating in the scope of your employment at the time of your accident.
An attorney can assist you in this matter. A legal professional who specializes in workers’ compensation cases may help you build a strong case demonstrating why your claim should not have been denied.
At Koszdin, Fields & Sherry, our Van Nuys workers’ compensation attorneys are on hand to provide the assistance you need and deserve after being injured in a car accident at work. Learn more about how we can help by contacting us online or calling us at 818-812-5639.