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Q

I am a commercial driver. I was injured in an accident that occurred because I didn’t see another vehicle in my blind spot. Can I still receive workers’ compensation benefits for an on-the-job injury if the accident was my fault? Will workers’ compensation also cover the damage to my vehicle?

A

When you are injured in an on-the-job traffic accident, you have a right to file a workers’ compensation claim for your injuries. Workers’ compensation insurance provides benefits to injured employees regardless of who is at fault for the accident and regardless of who owns the vehicle. It is possible to get PA Workers’ Compensation if you are driving your own car as long as you are using it for company business.

In most cases, the employee is eligible for both medical benefits and temporary disability benefits even if his own carelessness caused the accident. But, there are exceptions. An injured employee cannot get Pennsylvania Workers’ Compensation benefits for a workplace motor vehicle accident if any of the following conditions apply:

  • The employee was under the influence of drugs or alcohol at the time of the crash.
  • The employee was committing a serious crime at the time of the accident.
  • The injuries are self-inflicted.
  • The employee was not working.
  • The employee’s conduct violated company policy.

 

Workers’ compensation will not cover damage to your vehicle. If your car is damaged in a workplace accident, your own insurance company is responsible for the repairs. If you have difficulty getting compensation, you may wish to consult an attorney.

Request your free copy of Your Guide to PA Worker’s Compensation to learn how to access your benefits. If your employer refuses to give you the compenastion you deserve, you may need the help pf a skilled attorney. Mednick, Mezyk & Kredo, P.C., offers free initial consultations. Call us at 888-807-WORK (9675) to schedule an appointment.