A worker hurting themselves in a car accident when they are at work is a unique yet common scenario. Statistics reveal in 2013, over 1500 people lost their lives in work-related car accidents, and nearly 300000 workers reported injuries (this number has only grown in past years). Are you also hurt in a car accident when at work? If yes, you are at the right place to understand your rights as an injured worker through this guide compiled by the best Virginia Beach workers’ comp lawyer. Let us get started by explaining workers’ compensation after a car accident without beating around the bush.
An Explanation of Workers’ Compensation after a Car Accident
The law of Virginia grants compensation benefits, such as making up for your lost wages and medical expenses, if you get injured due to your work. It does not cover you if a motor vehicle accident happens when you are commuting to work or returning from the job.
However, the above rule has an exception. You are entitled to compensation if you commute in a company vehicle, are running errands for your employer, or are out on some travel assignment for which the employer is paying you.
On that note, it is important to understand that you can claim workers’ compensation even if you or someone else caused the accident, negligence plays no role in these claims. Moreover, the compensation is an exclusive remedy available to the worker when no other party except the employer is involved.
However, please note that individual contractors do not hold the right to workers’ compensation. Here are the remedies available to you as a worker in work-related car accidents in Virginia.
Benefits Available to Workers in On-the-Job Car Accidents
The Workers Compensation Act provides the following benefits if you are hurt in employment-related auto crashes.
Temporary Total Disability (TTD)
If your doctor advises you not to do any work due to accident injuries or allows you to do only light work (however, you cannot return to your employment) you are entitled to receive Temporary Total Disability benefits.
Permanent Partial Disability (PPD)
You are eligible for Permanent Partial Disability benefits if your doctor declares you have reached the maximum medical improvement (MMI). MMI refers to the maximum possible improvement in an injury. Also, a permanent impairment rating is essential to get these benefits (this rating determines the percentage of activity loss, denoting the daily activity limitations and the seriousness of a health condition).
Temporary Partial Disability (TPD)
If your doctor allows you to perform light tasks and your previous employer accepts you in the job with all the restrictions, or gets a job somewhere else, you can claim Temporary Partial Disability benefits.
Lifetime Medical Benefits
You are entitled to medical benefits covering doctor appointments, hospital bills, assistive devices, therapy, injury-related vehicle/home modifications, and prostheses expenses incurred due to vehicle accidents.
Vocational Rehabilitation Benefits
If you are incapable of returning to your previous work due to a work-related vehicle accident, you can get help training for a new job.
Death Benefits
Your spouse and children can claim compensation for the emotional, financial, and mental devastation caused to them due to the accident.
However, winning the above compensation claims can be challenging if you do not have a competent lawyer to support you. Hence, it is advisable to connect to one now if you have not done so.