We see an increase in cars and trucks on our roadways with each passing year. With more cars on the road, accidents increase as well. With more and more people commuting to work and spending time in their cars for work-related duties, it only makes sense that some of these accidents occur while people are on the job. The following will explain your legal options if you are injured in an accident while performing a duty for your employer.
What Is “On the Job”?
Let us start off by saying that the rules that govern workers’ compensation vary from state to state. That said, almost every state requires that you are “on the job” at the time of your injury in order to receive benefits.
It can be difficult to discern whether or not you meet the criteria when you are driving. Typically, you are considered to be working if you are:
- Running errands for your supervisor or employer
- Delivering goods
- Transporting an employee
- Traveling for work when you do not have a fixed office
- Driving for a living
- Paid for your travel time to or from home
Generally, you are not able to collect workers’ compensation benefits simply because you are driving to or from work or, in other words, commuting. That is an option that you have made for yourself that has nothing to do with your job duties.
Workers’ Compensation Vs. Personal Injury
People often ask us which option to choose. People want to know if they should file a workers’ compensation or personal injury claim. Our answer, in many cases, is that there is no choice. Many of our clients are able to file both. If you accept workers’ compensation benefits from your employer, you are still legally permitted to seek personal injury compensation from the driver that caused the accident.
If you have been injured in an accident while on the job and need help filing a claim for workers’ compensation in Charleston, reach out to our team today. We will provide you with a free case evaluation and advise you of your options. Call now or browse our website for more information about our firm and how we can assist you.