Can an employee who had an accident claim worker's compensation? 25 Answers as of March 21, 2013

A reservation sales agent had an accident. He was T-boned with a strained lower back and neck lashed. Can he file worker’s compensation claim?

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David P. Slater, esq.
David P. Slater, esq. | David P. Slater
Did the accident occur in the course of employment?
Answer Applies to: Florida
Replied: 3/21/2013
Lewis B. Kaplan | Lewis B. Kaplan
In Illinois where I practice law if the accident "arose out of and in the course of employment" there is a workers compensation claim and also a claim against the at fault driver .
Answer Applies to: Illinois
Replied: 3/21/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Only if the accident occurred while he was on the job.
Answer Applies to: Michigan
Replied: 3/21/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
It depends. Did the accident happen while the employee was at work or "on the job"? Workers compensation covers the employer for work related injuries.
Answer Applies to: California
Replied: 3/21/2013
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
This sounds like an auto accident. Was he working at the time auto accident? Was he driving at his employer request? Is his employer covered by workman's compensation insurance? If the answer is yes to all these question then the answer is probably yes.
Answer Applies to: Utah
Replied: 3/20/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If the accident happened in the course of employment, he can file for workers compensation and file suit against the at fault driver.
    Answer Applies to: South Carolina
    Replied: 3/19/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    Yes he can file for worker's compensation benefits including temporary disability benefits and permanent disability benefits and future medical treatment.
    Answer Applies to: California
    Replied: 3/19/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Depends! Workers Compensation is paid if the injury was due to an accident while on the job! If the accident occurred while at work the employee can and should file a workers claim. If the accident occurred outside of work (on weekends, away from the work) then the matter is not a workers comp claim and the employee will have to make a claim to the insurance company of the party responsible for the accident.
    Answer Applies to: California
    Replied: 3/19/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If the employee was on the job doing work for the employer when the accident happened, then, yes, he or she has a claim.
    Answer Applies to: Alabama
    Replied: 3/19/2013
    Merdes & Merdes, P.C.
    Merdes & Merdes, P.C. | Ward Merdes
    Normally, yes. For a WC claim to work, the injury must have taken place during the "course and scope" of employment. NB Alaska has a ton of strange WC rules. It is best to contact an attorney. Also, remember that we have a 2 year Statute of Limitations, so act fast or risk losing rights. I wish you well.
    Answer Applies to: Alaska
    Replied: 3/19/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    In Kansas, in order for the event to be compensable as a workers' compensation case, the car trip had to have been "arising out of, and in the course of employment." There are many cases that try to define those concepts. On a business trip, workers' compensation insurance will provide the primary coverage for the injuries. If someone else was at fault and caused the accident, you may also have a claim against their automobile insurance coverage. Although double recovery is not allowed, your attorneys will discuss with you whether a "third party claim" against the party at fault would be beneficial for you. Consult an experienced workers' compensation lawyer.
    Answer Applies to: Kansas
    Replied: 3/19/2013
    S. Joseph Schramm | Joseph Schramm
    An employee can file a claim for Workers' Compensation if the accident was work-related. If the employee's accident occurred during his work hours and in the scope of his duty he will be able to file a claim.
    Answer Applies to: Pennsylvania
    Replied: 3/19/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Generally if the crash happens while the employee is on the job or performing work for the employer, then yes there is a comp. claim. However, if not in the scope and course of work, then usually no claim. However, each fact pattern/employer requirement is different and it is best to contact a lawyer who regularly handles workers comp. cases to explain the specific facts and get an opinion.
    Answer Applies to: Michigan
    Replied: 3/19/2013
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    Pursuant to Missouri law, if the accident occurred while in the scope and course of his employment, and he was not just traveling to and from work, then the employee can file a worker's compensation claim. The worker's comp carrier who makes payment will be entitled to a lien from any proceeds received from the third party driver's insurance company.
    Answer Applies to: Missouri
    Replied: 3/19/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    A person who is injured in the course and scope of his work has a worker comp case. see a good comp lawyer if the injury is severe and there will be a lot of time out of work or a lot of medical bills.
    Answer Applies to: North Carolina
    Replied: 3/19/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need more details but sure looks like a claim.
    Answer Applies to: Michigan
    Replied: 3/19/2013
    Chris Cascio
    Chris Cascio | Chris Cascio
    If the accident occurred during the course and scope of the employee's employment the employee could have a worker's compensation claim as well as a tort claim against the person who caused the accident.
    Answer Applies to: Louisiana
    Replied: 3/19/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Yes, he may have 2 claims, a worker's comp claim against his employer and a personal injury claim against the at fault driver.
    Answer Applies to: Georgia
    Replied: 3/19/2013
    Mike Lewis Attorneys | Mike Lewis
    He has 2 claims: one for worker's comp and a second against the driver who caused the wreck.
    Answer Applies to: North Carolina
    Replied: 3/19/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    If he was in the course and scope of his employment and normal job duties, then he would be entitled to file a worker's compensation claim.
    Answer Applies to: Ohio
    Replied: 3/19/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Under this description, if the person was on company business when the accident occurred worker's compensation may be available. If the person was going to work or had left work, or was on personal business, worker's compensation usually will not be available for those injuries (although an action against the other driver may be viable).
    Answer Applies to: California
    Replied: 3/19/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, if he was acting within the course and scope of his employment.
    Answer Applies to: California
    Replied: 3/19/2013
    Geneva Yourse | Geneva Yourse
    Whether he can file for workers' compensation depends on what he was doing in the car. If he was working, then most likely he will be able to file the injury with his employer's workers' compensation carrier. If he was on the way or leaving work, then most likely he will not be able to file with his employer.
    Answer Applies to: North Carolina
    Replied: 3/19/2013
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