A reminder about winter driving for people who must battle the elements for work.
We had our first big snowstorm last week bringing 6+ inches to Metro Detroit. This caused headaches on the roads with spin out accidents everywhere. Get ready for a long few months!
Today is the first official day of winter. People who live in Michigan are accustomed to this weather. However, it is a good time to remind people about winter driving and workers’ comp. Here are some issues you probably never even considered when going to and coming from work.
Auto Accidents
Michigan workers’ comp law does not typically cover people going to and coming from their job. However, there are many exceptions including special work missions or dual purpose travel. Employers who provide transportation or mileage reimbursement might also be on the hook. Sometimes employment that subjects a person to excessive travel risks is enough to make a claim.
Parking Lots
Icy parking lots are another common problem. People who slip and fall while on company premises are generally covered. Activities occurring within a reasonable time before or after work hours are presumed to be in the course of employment. Even off premises falls might be covered if traveling in a reasonably direct route to or from a designated company parking area.
Negligence
Workers’ comp is the exclusive remedy against your employer and recovery is limited to wage loss and medical. However, it is possible to file a separate lawsuit against the negligent driver who caused the accident. You can also file a lawsuit against the snow removal company who was hired to maintain the parking lot. It is important to speak with an experienced lawyer to protect all of your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Related information:
Increase in workers' comp claims tied to bad winter weather
Photo courtesy of Creative Commons, by M-Smith. 