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Can I claim workers' compensation for a car accident?

If you were in a car accident while you were on the job in New York City or engaging in work-related activities, you may wonder whether you have the ability to make a workers' compensation claim. While car accident damages are not the most obvious reason to file a workers' compensation claim, you may be able to successfully file a claim, depending on the circumstances.

Car accident-related workers' compensation claims can become complex. In order to make a successful claim, the injured person must be able to show that the car accident occurred while they were performing a job-related task.

What driving activities could count as job-related?

A job-related driving activity could include any driving that you did within working hours to perform a work errand. This could be the act of driving to a business meeting, making a delivery, driving between offices or driving another employee for a business purpose.

Can I still get workers' compensation if I was at fault for causing the collision?

Workers' compensation is not based on fault and is simply a way for workers to gain back damages whenever they became injured while working. Therefore, you should focus on being able to prove that the driving was work-related and on filing a claim in good time.

What types of damages could I be entitled to?

One of the main purposes of workers' compensation is to prevent workers from suffering financially due to simply fulfilling their work duties. This means that if your workers' compensation claim is successful, you will have all medical expenses associated with the incident covered. It is likely that you lost wages as a result of needing recovery time. You will also benefit from having a certain percentage of your lost wages reimbursed.

How should I make a claim?

You should notify your employer of your job-related injury as soon as possible after the incident. They have the duty to provide you with workers' compensation forms. If you have had your application denied or you are experiencing problems making a successful claim, it is important that you take further action to assert your rights.

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