Motor Vehicle Accidents On The Job In Wisconsin
Many jobs involve travel, and if you’re hurt in a car accident while working, worker’s compensation laws typically apply. You’re entitled to medical treatment, lost wage compensation and payments for any permanent injuries, even if driving is not a regular part of your job.
Nationally, a substantial portion of workplace fatalities involve traffic accidents. Data from organizations like OSHA (Occupational Safety and Health Administration) and NHTSA (National Highway Traffic Safety Administration) highlight the serious risks associated with work-related driving. Workplace car accidents also carry a hefty financial burden for Wisconsin employers. The CDC (Centers for Disease Control and Prevention) estimates that these accidents cost employers billions of dollars annually due to factors like medical expenses, lost productivity and worker’s compensation claims.
I am worker’s compensation lawyer Peter J. Carman, and I provide legal guidance for northeast Wisconsin workers who drive as part of their job duties and were injured in vehicle accidents while working. This includes bus drivers, truck drivers, delivery drivers, sales representatives and construction workers injured in motor vehicle accidents while performing their job duties.
What Happens When Motor Vehicle Accidents Are Work-Related?
In Wisconsin, if you drive as part of your job and are injured in a car accident, it is usually considered work-related. This means your employer is responsible for providing worker’s compensation benefits if the on-the-job vehicle crash happened under the scope of employment. “Scope of employment” includes accidents that occur while you are doing work-related tasks, such as delivery drivers making deliveries, construction workers transporting supplies or office staff traveling to meetings.
The exception is the “coming and going” rule. Generally, if you are hurt while commuting to or from work in Wisconsin, your injuries would not be covered by worker’s compensation unless you were performing a work-related task during your commute. Your personal commute and time off, including breaks, are typically not covered under worker’s compensation, as they are not considered within the scope of employment.
Third-Party Claims And Additional Compensation In Wisconsin
If you are hurt in a car accident while working in Wisconsin, you might be able to get compensation from both a worker’s compensation claim and a personal injury lawsuit. This is because different laws come into play. If another driver or party caused the accident, you may be able to sue them. A personal injury lawsuit can cover losses that worker’s compensation doesn’t, like pain and suffering.
If a loved one dies in a work-related car accident caused by someone other than their employer or a coworker, the family may be able to recover compensation for pain and suffering through a third-party claim.
Death Benefits For Fatal Vehicle Accidents
If a worker dies from injuries sustained in a workplace accident, their family may be entitled to death benefits under Wisconsin’s worker’s compensation laws, assuming the death was related to their job.
Death benefits are calculated based on the deceased’s average weekly wage. Generally, the surviving spouse receives two-thirds of those wages for life, with some exceptions if they remarry.
A company car accident or travelling employee crash can be fatal, and in such cases, spouses may be entitled to survivor benefits, including wage compensation equal to two-thirds of the deceased’s average weekly salary. Dependent children may also be eligible for benefits.
What If You Were Partially At Fault In An On-The-Job Motor Vehicle Accident?
Wisconsin’s comparative fault laws may reduce the amount of damages you can recover from a third party, but it generally does not affect your eligibility for worker’s compensation.
Do Not Settle For Less In Your Workplace Motor Vehicle Accident
If you have been injured in a motor vehicle accident while working in Wisconsin, send an email or call the Law Office of Peter J. Carman, S.C., at 920-770-1608 for a free initial consultation. I help clients with the complexities of worker’s compensation and potential third-party claims in Wisconsin. I am an experienced injury attorney who will fight to secure the benefits my clients deserve so they can focus on recovering.