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Are job-related car crashes eligible for workers’ compensation?

Workers’ compensation benefits are available for employees suffering all sorts of on-the-job injuries. These traditionally include such things as back pain (from repetitive motion trauma), broken bones, falls, crush injuries and occupational illnesses like cancer caused by chemical exposure.

What some people might not realize is that people hurt in work-related Staten Island car crashes might also be eligible for work comp. In some circumstances, an employer’s workers’ compensation insurance coverage will even provide benefits if the worker him or herself is partially at fault for the injury-causing auto accident.

When would an on-the-job collision fall under work comp?

The most common scenario in which job-related car accidents are compensable is that of a delivery driver.

If you, as a pizza delivery driver (for example), are injured when another vehicle pulls out in front of yours on the way back to the restaurant from a customer’s home, your injuries clearly occurred during the course of your job duties. This would also be the case if you were running an errand for your boss or picking up coffee for an early-morning meeting, provided such tasks are part of your employment.

Other situations where car accidents are – at least arguably – job-related include:

  • Necessary travel that is compensable by your employer, including to and from client/vendor meetings, attending conferences or getting on-site training
  • Driving with a colleague or client for a work-related task; this could be taking a client of your employer’s body-repair shop to a rental car location, or transporting a fellow stock trader to a different branch location of your brokerage firm

Myriad laws and guidelines govern workers’ compensation benefits in New York, but the cases are often fact-specific and require a practiced eye to determine if coverage is appropriate. When you need help filing a claim for benefits – or appealing a denial of coverage for your injuries – speak with a skilled Staten Island work comp attorney today.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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