Workers’ Compensation Assistance After An Auto Accident
Not everybody in Wilmington works at a set location. Driving is a big part of many industries, including package delivery, taxis and rideshare driving, and commercial truck driving. Being on the road for a living can expose you to serious injury in a car accident while on the job.
If you have been injured in an auto accident at work, you may be eligible for substantial workers’ compensation benefits while you recover. However, getting your rightful benefits can be a long and confusing process. At David & Associates, we help injured workers in Wilmington, Jacksonville and the rest of southeastern North Carolina pursue the workers’ compensation they need and deserve.
Contact us after getting hurt in a work-related car accident. We offer free initial consultations on all workers’ compensation matters. Call 910-208-0535 for an appointment.
The Benefits You Might Be Entitled To
As long as you were in the course of your work duties when the collision happened, you could be eligible for workers’ compensation. This is true whether you were driving or a passenger. It also does not matter if you were driving your own car or a company vehicle. However, if you were partly to blame for the crash, that could negatively affect your ability to claim workers’ comp benefits.
Benefit types you might qualify for include:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
- Medical care
- Workplace wrongful death benefits
We will draw from evidence like the police report and your medical records to show what happened, the extent of your injuries and why you are unable to work.
What About Vicarious Liability?
In some cases, a car accident can be the fault of a person or business that was not at the scene. For example, your employer could have failed to keep your vehicle in repair, allowing the brakes or another critical system to fail and causing the crash. This is called vicarious liability. Our attorneys will explore every possible avenue for compensation for your injuries and the resulting medical bills, lost wages, pain and suffering, and more.
The Going And Coming Rule In North Carolina
In North Carolina, the going and coming rule holds that any injury that occurs while an employee is commuting to or from work is not eligible for compensation. The injury must occur out of and in the course of employment under the North Carolina Workers’ Compensation Act.
However, there are some exceptions to this rule, including:
- The injury occurs on the employers’ property.
- The injury occurs while performing a special errand for the employer.
- The employer arranges transportation pursuant to an employment contract or the employee’s transportation to and from work is compensated by the employer.
As an example, if you reach your employer’s property on your daily commute and suffer an accident and injury, that may fall under the exception to the going and coming rule.