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Can you apply for workers’ comp after a commute accident?

On Behalf of | Mar 18, 2021 | Workers' Compensation |

To qualify for workers’ compensation in Colorado, you have to be injured on the job site or while you’re clocked in. Typically, this doesn’t apply to injuries you might sustain while driving to work or coming home. However, there are exceptions to this rule.

Can you get workers’ comp from injuries sustained during your commute?

Generally, you can’t file for workers’ comp if you get into an accident driving to and from work in your own vehicle. However, you might be able to file for workers’ compensation if you were driving a company vehicle. Since the car is company property, your workers’ compensation attorney might argue that your employer should take responsibility for the accident.

You could also file for workers’ compensation if you were driving to a job site during your shift. For example, driving to a construction site or a different office isn’t part of your regular commute. This also applies if your employer sends you on a “special mission” to complete a task during your shift. Even if it’s something simple, like getting drinks for everyone, you’re still completing work duties on the clock.

Additionally, you could apply for workers’ compensation if your job involves a lot of driving. The commute exemption still applies, but if you’re a truck driver, a delivery person, a mail carrier or part of another industry that requires a lot of driving, your employer has to compensate you for on-the-road accidents. Talk to an attorney if you’re still not sure if you qualify or not.

Does workers’ compensation apply to car accidents?

When people think of workers’ compensation injuries, they typically think of slip-and-fall incidents or construction site accidents. However, many jobs require you to drive during your shift. If you were on the clock when you got into an accident, you might be eligible for workers’ comp.

A successful workers’ compensation claim could pay for your medical bills, lost wages and other expenses. Every situation is different, so it’s important to talk to an attorney who could help you get the settlement that you deserve. You might also have to look at other options if you don’t think you can make it back to the job site.

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