Workers’ comp lawyer explains all liable parties for a job related motor vehicle crash
In Michigan, a work-related car accident occurs when an employee is injured in a motor vehicle crash while performing job duties, and workers’ comp is responsible for providing benefits for necessary medical care and lost wages. Coverage often depends on whether the employee was engaged in on the job activities at the time—such as traveling for a job assignment, making deliveries, or running an errand for the employer. Importantly, it does not matter if the employee was driving a company vehicle or their own car.
In addition to workers’ comp benefits, some injured employees may also have the right to pursue a separate personal injury claim if another driver’s negligence caused the crash. This type of claim could provide additional compensation beyond what workers’ comp offers, making it important to understand all of your legal options after a crash while on the job.
How to determine if a car accident is work-related in Michigan
Not every car accident that happens while you are driving is considered work-related under Michigan law. To qualify for workers’ comp benefits, the crash must have occurred while you were performing duties connected to your job. Key factors that help determine if a crash is job-related include:
- Purpose of the trip – Were you driving as part of your job responsibilities, such as making a delivery, visiting a client, or traveling between job sites?
- Employer benefit – Was your travel primarily for your employer’s business interests, even if you were using your personal vehicle?
- Location and timing – Did the crash occur during work hours or while you were carrying out an assigned task for your employer?
- Exceptions to coverage – Commutes to and from a regular worksite are usually not covered. However, exceptions may apply if you were traveling for work, using a company vehicle, or on a special errand for your employer.
If your crash meets these criteria, it is likely considered occupational and may qualify for workers’ comp benefits. Because the details can be complex, it’s often helpful to consult our experienced workers’ comp lawyers to ensure your claim is properly handled and to explore whether a third-party claim may also apply.
What to do after a work-related car accident in Michigan?
If you are involved in a work-related car accident in Michigan, it’s important to take the right steps to protect your health, your benefits, and your legal rights:
- Get medical care immediately – Your health and safety come first. Even if injuries seem minor, seek prompt medical attention so that your condition is documented and treated.
- Notify your employer right away – Report the crash as soon as possible. Delays can complicate your workers’ compensation claim.
- File for workers’ comp benefits – Workers’ comp can cover your medical expenses and a portion of lost wages without requiring you to prove who was at fault.
- Talk to an experienced attorney – Our experienced and trusted workers’ comp lawyer can explain your rights, help ensure your benefits are properly handled, and evaluate whether you may also have a third-party claim against the at-fault driver.
Who is responsible for a work-related car accident in Michigan?
In Michigan, when an employee is involved in a work-related car accident, workers’ comp is responsible for covering the employee’s medical expenses and lost wages, regardless of who caused the crash. This means that even if the employee was partially or fully at fault, they are still entitled to benefits under the workers’ comp system.
However, who is liable for a crash while performing on-the-job duties can vary depending on the circumstances:
- Third-party negligence: If another driver or party caused the crash, the employee may have the right to file a personal injury claim against that party in addition to receiving workers’ compensation.
- Employer liability: Employers are generally protected from lawsuits by employees for on the job motor vehicle crashes, except in rare cases of intentional harm or extreme negligence.
- No-fault system: Our state’s workers’ comp system focuses on providing benefits rather than assigning blame between employee and employer.
Because determining responsibility and benefits can be complex, consulting our experienced and trusted workers’ comp lawyers is recommended to ensure you receive all the compensation you are entitled to.
What is workers’ comp responsible for after a work-related car accident in Michigan?
In Michigan, workers’ comp is responsible for employees injured in work-related car accidents regardless of fault. Benefits include medical treatment (bills should be paid 100% without any co-pays or deductibles), lost wages (based upon 80% of their after-tax average weekly wage), and vocational rehabilitation.
Going to or coming home from work is usually not covered under workers’ compensation unless an employee was on a special mission for the employer. Another exception to this general rule would be if the employer paid for mileage or vehicle costs. We recommend speaking with a lawyer to make sure that workers’ compensation benefits are paid.
In Michigan, is the auto insurance company responsible for work-related car accidents?
In Michigan, employees injured in work-related car accidents can hold the auto insurance company responsible by making a claim that will pay for additional medical benefits (i.e. replacement services). Extra money is paid for lost wages, so the total combined amount equals 85% of wages, for a maximum of 3 years.
Watch out for insurance companies who refuse to pay no-fault accident claims stating that workers’ compensation is primary. No-fault can be made to pay when workers’ compensation has disputed a claim. We have seen disabled employees leave money on the table because they failed to report the crash to their auto insurance company.
In Michigan, are negligent drivers who caused the work-related car accident responsible?
In Michigan, negligent drivers who cause work related car accidents can also be held responsible for injuries by suing them for additional damages in a civil lawsuit. This includes money for pain and suffering. Payment would be in addition to any workers’ compensation or no-fault benefits received.
Lawsuits for pain and suffering damages after a car accident can be much more valuable than workers’ compensation or no-fault benefits. This applies to both drivers and passengers who were hurt. It is critical to speak with an attorney to make sure all avenues of recovery have been explored.
Watch Out For Insurance Companies
Watch out for insurance companies who attempt to recoup workers’ compensation benefits from the auto crash lawsuit. Special rules prohibit reimbursement for medical payments or the first three years of lost wages. Make sure to check with a lawyer before paying any money back to the insurance company.
Need help with your claim? Call our attorneys now for a free consultation!
In Michigan, work-related car accidents can be devastating and it is important you know your legal rights so you can hold all accountable parties responsible for your injuries. If you or a loved one was injured in a work related vehicle and you have questions about your claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from injuries suffered on the job. We understand the physical, emotional, and psychological hardships you are experiencing from your crash. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding 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 40 years. Call (855) 221-2667 for a free consultation today.
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