What you’ll learn from this article:
- Kentucky’s workers’ compensation system covers injuries sustained during job-related tasks, including car accidents involving personal or company-owned vehicles.
- Not all on-the-clock car accidents are eligible for workers’ compensation. The accident must meet the legal criteria for being work-related.
- Kentucky’s workers’ compensation takes precedence for injuries in a work related car accident.
If your job involves driving in Kentucky, understanding your rights and avenues for compensation for work-related car accidents is vital. Professional drivers, particularly those in commercial vehicles, spend significant time behind the wheel and on the clock.
Accidents happen all the time, and if you are injured by another driver’s negligence while you are on the job, you may have a claim against them in addition to the workers’ compensation claim. Navigating these claims can be complicated because there are many factors to consider when trying to maximize your settlement in both cases and working with an experienced attorney is advisable, especially if third-party negligence is involved.
We’ve created this article to help you understand your rights, options, and compensation avenues following a work related car accident.
What Qualifies as a Work Related Accident?
Not every car accident while on the clock qualifies for workers’ compensation benefits. The accident must meet the legal definition of work-related for your claim to be considered.
Examples of work-related activities include:
- Making deliveries
- Visiting clients
- Transporting employees or clients
- Driving during business trips
- Running errands for your company
- Driving between job sites, if your employer compensates you for that time
Understanding Workers’ Compensation for Work Related Car Accidents
Kentucky’s workers’ compensation system offers crucial benefits for injuries sustained while performing job-related tasks, including a car accident while on the clock involving personal or company-owned vehicles. While it covers medical expenses, lost wages, and accident-related costs, it might not encompass all damages arising from the accident.
Work-related car accidents often involve multiple parties, opening up additional compensation avenues. If another party’s negligence contributed to the accident, a personal injury claim against them or their insurer can secure further compensation.
Is My Employer Responsible for Damage to My Vehicle?
When seeking compensation, addressing who covers injuries and damages is essential. In Kentucky, workers’ compensation is primary for medical treatment and lost wages, if you are injured in a work-related auto accident. However the at-fault driver’s policy should cover any damage to your vehicle.
Does an Accident in a Work Vehicle Affect Personal Insurance?
While workers’ compensation is crucial, it might not cover all expenses or fully compensate you for your injuries. Here are a few other sources of compensation you may be entitled to:
- Coverage for Under-Insured and Uninsured Motorists-Under-Insured Motorist Coverage (UIM) in your policy is valuable when at-fault driver coverage falls short. Uninsured Motorist Coverage (UM) comes into play if the at-fault driver lacks insurance, or the policy limit for the at-fault driver is very low.
- Kentucky No-Fault Coverage-Kentucky offers Personal Injury Protection (PIP) coverage, usually automatic, with up to $10,000 for medical expenses and lost wages. Your PIP coverage might be higher if you opt for it. Alternative sources like your car’s PIP coverage or the Kentucky Assigned Claims Plan might apply if entities have waived out of PIP. Although the workers’ compensation insurance carrier will be responsible for your medical benefits, you may be able to see PIP benefits to make up for some of your lost wages.
Overlapping Workers’ Compensation and Car Accident Claims
Effectively navigating the complexities of workers’ compensation and car accident claims requires expertise. Partnering with an experienced law firm like McCoy and Sparks is wise to ensure the best outcome and financial recovery. Our skilled attorneys have years of experience in motor vehicle accident claims and workers’ compensation. We will identify all compensation sources and devise tailored strategies, so you can focus on healing.
We will work to maximize any benefits owed to you from the motor vehicle accident and the workers’ compensation claim, and to minimize any offsets from duplicated benefits. We can also work to develop good evidence to win the workers’ compensation claim that can also be helpful in the personal injury case.
For experienced workers’ compensation lawyers in Kentucky, contact McCoy & Sparks Attorneys at Law.
You can reach out on our website to schedule your free, no-risk consultation today or by calling 844-459-9467.