If you are in a car accident at work there is a very good chance that the accident is covered by Oklahoma workers compensation. Workers compensation programs in Oklahoma provide certain benefits to employees who suffer injuries while working. When it comes to car accident at work, a person might qualify for these benefits; however, the ability to claim workers compensation for a car accident is heavily dependent on the specific facts of the case. If you believe you qualify for workers’ compensation because of a car accident, then you should speak to an Tulsa workers’ compensation attorney. Even if you do not qualify for these benefits, you may wish to speak to a car accident injury attorney about other legal options to be compensated for your damages, injuries and losses.
Car Accident at Work and Workers’ Compensation
Workers’ compensation is a no-fault system, with certain exceptions. What this means is that an individual who injures themselves at work can recover workers’ compensation benefits even if they caused the accident that led to their injuries.
In most personal injury car accident cases, the injured person will need to prove that another individual’s negligence led to their damages. The fact that individuals can recover workers’ compensation benefits even when no one else negligently caused them harm means that individuals are more likely to recover through this system than if filing a personal injury claim.
There is a tradeoff when it comes to this no-fault system, though. Individuals injured at work typically cannot sue their employer even if their employer negligently caused them harm. Employers benefit from this policy because personal injury claims are more expensive to litigate. The damages in a successful personal injury lawsuit tend to be far higher than the benefits an individual recovers from workers’ compensation.
Car Accidents And Workers’ Compensation
If you suffered an injury in a car accident while driving to or from work, workers’ compensation probably would not apply. Your best bet in that situation would be to file a personal injury lawsuit against the driver who caused you harm.
However, if driving is a part of your job, you might be able to file a workers’ compensation claim. This might be the case if you carry out deliveries for your company, or if driving is otherwise a regular part of your work-related tasks. In these cases, you could likely recover workers’ compensation even if you were at fault for the accident that led to your injuries.
Exceptions To Workers’ Compensation
There are times when even if you should qualify for workers’ compensation because of a car accident, you will not be able to recover these benefits because of your actions. For instance, if you were drinking and driving at the time of a crash, the workers’ compensation policy will likely exclude coverage. Also, if you failed to follow company safety procedures, you might put your ability to recover workers’ compensation in jeopardy.
Third-Party Claims And Workers’ Compensation
You might be able to file a third-party personal injury liability claim and a workers’ compensation claim with your employer. For instance, if you are an employee who drives as a part of your regular job-related duties, and another driver caused an accident that injured you, you might file a lawsuit and recover damages above those available through the workers’ compensation system. For instance, filing a personal injury lawsuit could lead to pain and suffering damages that workers’ compensation benefits do not cover.
Tulsa Workers’ Comp Car Accident Lawyer
The workers’ compensation system can be complex. Contact an Oklahoma workers’ compensation lawyer to discuss your case and your right to recover benefits. Feel free to touch base with the Tulsa personal injury attorneys at Kania Law Office by calling (918) 743-2233 or by contacting us online.
Tulsa's Local Workers' Compensation Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of workers' compensation attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.