At Katz, Leidman, Freund & Herman, we understand that auto accidents that occur while performing work duties can be both physically and financially devastating for New York workers. Whether you’re a delivery driver, traveling salesperson, or any other employee who drives as part of your job responsibilities, being involved in a work-related auto accident can leave you facing complex questions about your rights and available compensation. With over 50 years of experience representing injured workers throughout New York, our firm has helped countless employees navigate the intricate overlap between workers’ compensation benefits and potential third-party claims following on-the-job auto accidents. In this article, we’ll explain what you need to know if you’ve been injured in a work-related vehicle accident in New York State.
Workers’ Comp and Car Accidents on the Job
When you’re injured in a car accident while performing work duties in New York, your case typically falls under workers’ compensation coverage. However, understanding the nuances of coverage and your rights is crucial for protecting your interests.
When Does Workers’ Comp Cover Auto Accidents?
At Katz, Leidman, Freund & Herman, we regularly see cases where employees are unsure if their auto accident qualifies for workers’ compensation. Generally, your accident is covered if it occurred while you were:
- Driving for work-related deliveries or errands
- Traveling between work sites
- Transporting other employees as part of your job duties
- Running business errands at your employer’s request
- Operating a company vehicle for work purposes
Exceptions to Coverage
Not all work-related driving accidents qualify for workers’ compensation. Your claim might be denied if the accident occurred:
- During your regular commute to or from work (known as the “coming and going” rule)
- While making a significant personal detour during a work trip
- Due to intoxication or intentional misconduct
- Outside the scope of your employment
Available Benefits Under Workers’ Compensation
As experienced New York workers’ compensation attorneys, we ensure our clients understand the benefits available to them following a work-related auto accident:
- Medical Treatment Coverage: All necessary medical care related to your work injury
- Lost Wage Benefits: Up to two-thirds of your average weekly wage, subject to state maximums
- Rehabilitation Services: Including physical therapy and vocational rehabilitation if needed
- Permanent Disability Benefits: If your injury results in lasting impairment
The Possibility of Third-Party Claims
One crucial aspect that sets work-related auto accidents apart is the potential for third-party claims. Unlike typical workers’ compensation cases where you cannot sue your employer, auto accidents may allow you to:
- File a workers’ compensation claim with your employer
- Pursue a separate personal injury lawsuit against the at-fault driver
- Seek additional compensation beyond workers’ comp benefits
This dual approach often results in more comprehensive compensation for our clients, covering damages such as pain and suffering that workers’ compensation doesn’t address.
When Is an Auto Accident Considered Work-Related?
Not all car accidents that occur during work hours qualify for workers’ compensation. In New York, an auto accident is considered work-related if it happens while you are performing job duties or acting within the scope of your employment. This means that if you were injured in a crash while driving for work purposes, you may be eligible for workers’ compensation benefits.
Examples of Work-Related Auto Accidents:
- Making deliveries – If you are a delivery driver or courier and get into an accident while on a delivery route.
- Traveling between job sites – If your job requires you to visit multiple locations (e.g., construction workers, home health aides).
- Running errands for your employer – If you are sent to pick up supplies, drop off documents, or complete any other work-related task.
- Driving a company vehicle – If you are using a work-issued vehicle for job-related tasks.
What Is Not Considered Work-Related?
Certain situations do not qualify for workers’ compensation, such as:
- Commuting to and from work – Unless you were performing a work-related task during your commute.
- Personal errands – If you were involved in an accident while making an unauthorized stop for personal reasons.
- Unauthorized use of a company vehicle – If you were using a work vehicle for personal activities outside of work duties.
If you were injured in a work-related auto accident, it’s important to report the incident to your employer and file a workers’ compensation claim as soon as possible. At Katz, Leidman, Freund & Herman, we can help determine whether your accident qualifies and guide you through the claims process to ensure you receive the benefits you deserve.
What to Do After a Work-Related Auto Accident
If you are involved in an auto accident while performing job-related duties, taking the right steps can protect your health, legal rights, and ability to secure workers’ compensation benefits. Here’s what you should do immediately after the accident:
1. Seek Medical Attention
Your health and safety come first. Even if your injuries seem minor, get checked by a doctor as soon as possible. Some injuries, like whiplash or internal trauma, may not show symptoms right away. Additionally, seeking medical care helps establish a clear record of your injuries, which is essential for your claim.
2. Report the Accident to Your Employer
Notify your employer about the accident as soon as possible. In New York, workers must report job-related injuries within 30 days to be eligible for workers’ compensation benefits. Be sure to provide details about how the accident occurred, where it happened, and any injuries you sustained.
3. Gather Evidence
Collecting evidence at the scene can strengthen your claim. If possible, do the following:
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Obtain contact information from witnesses.
- Get a copy of the police report if law enforcement responded to the scene.
4. File a Workers’ Compensation Claim
After reporting the accident to your employer, they should provide you with the necessary forms to file a workers’ compensation claim with the New York Workers’ Compensation Board. This claim will help cover your medical expenses and lost wages. If your employer fails to report the injury, you can file Form C-3 directly with the board.
5. Determine if You Have a Third-Party Claim
While workers’ compensation covers job-related injuries, it does not provide compensation for pain and suffering. If another driver was at fault, you may be able to file a personal injury lawsuit against them in addition to your workers’ compensation claim. This can help you recover additional damages.
6. Consult a Workers’ Compensation Lawyer
Work-related auto accident claims can be complex, and insurance companies may try to minimize or deny benefits. At Katz, Leidman, Freund & Herman, we help injured workers navigate the claims process, fight for the benefits they deserve, and explore additional legal options for full compensation. Contact us today for a free consultation.
Get the Compensation You Deserve – Contact Us Today
If you were injured in a work-related auto accident, you don’t have to navigate the legal process alone. At Katz, Leidman, Freund & Herman, we have decades of experience helping injured workers secure the benefits and compensation they need. Whether you’re filing a workers’ compensation claim or exploring a third-party lawsuit, our dedicated legal team is here to protect your rights and fight for the maximum recovery. Contact us today for a free consultation and let us help you get the justice you deserve.