Quick Answer: If I am injured in a car accident while working, can I receive workers’ compensation?
If you are injured in a car accident while performing work-related duties, you may be entitled to workers’ compensation benefits. Depending on who caused the accident, you may also have a separate personal injury claim against a negligent third party. In Rhode Island, workers’ compensation generally applies to an injury that arises out of and in the course of employment, and state law allows an injured employee to pursue compensation from a liable third party in addition to workers’ compensation in qualifying cases.
When Can a Car Accident Be a Work-Related Injury?
Not every car accident involving an employee is automatically a workers’ compensation case. The important question is whether the injury arose out of and in the course of the employee’s employment and was connected to the employment. Rhode Island law uses this standard when defining injuries covered by workers’ compensation.
For example, a collision may raise workers’ compensation issues when an employee is driving as part of their job, traveling between work locations, or performing another task for their employer. The specific circumstances of the accident matter when determining whether an injury is work-related.
Rhode Island law also contains specific provisions concerning commuting and rideshare situations. For example, an employee who voluntarily participates in certain carpools, vanpools, commuter buses, or other rideshare programs used solely to transport employees to and from work generally is not considered to have suffered an injury arising out of and in the course of employment under that provision. There are exceptions, including for employees who are compensated for their participation as drivers, mechanics, or others.
What If Another Driver Caused the Accident?
This is where a work-related car accident can involve more than workers’ compensation. Stephen J. Dennis specifically represents injured workers in cases involving negligent third parties and notes that a separate personal injury lawsuit may be available when someone other than the employer caused the work injury.
For example, if you are driving for work and another driver's negligence causes a collision, the circumstances may support both a workers’ compensation claim and a personal injury claim against that driver.
Rhode Island General Laws § 28-35-58 provides that when an injury covered by workers’ compensation was caused under circumstances creating legal liability in someone other than the employer, the employee may pursue proceedings against that third party as well as receive workers’ compensation, subject to the reimbursement and other provisions established by the statute.
Why Is It Important to Report the Accident?
If you are injured in a work-related accident, reporting the injury is an important early step. The Rhode Island Department of Labor and Training instructs injured workers to report their injury to their employer's workers’ compensation representative or human resources department. The employer then reports the injury to its workers’ compensation insurance carrier.
Rhode Island law requires employers to report qualifying work-related injuries to the state. This includes injuries that require medical treatment, result in an inability to earn full wages for at least three days, or are fatal.
You should also seek appropriate medical attention and make sure that your medical providers know that the accident occurred while you were performing work-related duties.
What Should You Do After a Work-Related Car Accident?
A work-related car accident can raise questions about workers’ compensation, automobile insurance, and potential liability for another driver. Because the answers depend on the circumstances of the accident, it is important not to assume that you have only one potential source of compensation.
At the Law Office of Stephen J. Dennis, we handle both workers’ compensation and personal injury claims in Rhode Island. Our firm can evaluate whether an injury is work-related and whether a negligent third party may also be responsible. If you were injured in a car accident while performing your job, contacting an attorney can help you understand which legal options may apply to your situation.
If you were injured in a car accident while working in Rhode Island, contact the Law Office of Stephen J. Dennis for a free consultation at 401-453-1355.
