Is My Car Accident Covered Under Workers’ Compensation?
If you’re injured in a car accident while at work, it may change the process you take to receive compensation. Depending on the severity, you may need to file a claim to cover your damages.
What is Workers’ Compensation and What Does it Cover?
Workers’ compensation is a type of insurance that provides compensation or benefits to employees when they are injured while on the job. Workers’ compensation benefits are usually available to any person who is completing work tasks when they are injured. It may cover the following costs:
- Medical bills
- Rehabilitation costs
- Property damages
- Lost wages and benefits
In some cases, workers’ compensation may also cover extended time off from work due to an injury. The specific damages available vary depending on the details of your accident.
Types of Accidents Workers’ Compensation Covers
Workers’ compensation will usually cover any type of accident, as long as it occurs while the employee is at work. This may even include an auto accident. Employees who drive for work may be injured in an auto accident. It’s important to know the state’s laws to understand what workers’ compensation will, and will not, cover.
New Jersey is a No-Fault Insurance State
New Jersey is a no-fault auto insurance state. This means that regardless of who is at fault for an auto accident, each driver will usually turn to their insurance provider to cover damages. However, if your accident occurs while you’re at work, this may be the exception to the rule and it may be covered under workers’ compensation. Whereas personal injury protection (PIP) typically covers auto accident-related damages, workers’ compensation may cover them if you’re injured while working. The workers’ compensation plan of New Jersey is also no-fault. This means that it isn’t necessary to prove fault, even in a work-related accident.
Important Information to Build Your Workers’ Compensation Case
While proving fault may not be a part of your workers’ compensation case, you may need to prove a few other elements. For example, you may need to demonstrate that you were actually working at the time of the accident. Workers’ compensation only covers damages that occur while on the job, so if the accident occurred while you were running a personal errand, it will not be covered under workers’ compensation. You also need to prove that you were actually injured and that your injury is a result of the accident. Establishing proof is an important part of a workers’ compensation case, which is why it can be beneficial to work with a workers’ compensation lawyer.
Understanding New Jersey’s Workers’ Compensation Laws
New Jersey’s workers’ compensation plans have a lot of rules and regulations that you must follow to be eligible for your benefits. For example, your employer may require that you receive medical care from an approved provider. You’re also required to notify your employer of the accident and injury as soon as possible. Missing any of these key steps can make you ineligible for your workers’ compensation benefits, even if you were injured on the job.
There may also be other ways to recover your costs. If your compensation is limited under your workers’ compensation plan, you may have other options available. For example, you may be able to file a third-party personal injury claim against the responsible driver, if your injuries are so severe that they prevent you from being able to work.
Contact a Union County Personal Injury Lawyer to Discuss Your Workers’ Compensation Case in New Jersey
Did you or a loved one sustain serious injuries due to an auto accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Birkhold & Maider, LLC represent clients injured because of a work-related auto accident in Hudson County, Mercer Couty, Essex County, Union County, and throughout New Jersey. Call (973) 947-4670 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite 1 Nutley, NJ 07110, as well as a satellite office in Hamilton NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.