Navigating Workers’ Comp for On-the-Job Motor Vehicle Accidents: Understanding the Complexities for New Jersey Employees

If you’ve been injured in a motor vehicle accident while on the clock in New Jersey, you may be entitled to workers’ compensation benefits. Whether you’re a delivery driver, salesperson, or another employee who drives as part of your job, understanding how workers’ compensation works in these cases is essential. Filing a workers’ comp claim after an on-the-job injury can be complex, especially when motor vehicle accidents are involved.

In this blog, we will explore the key aspects of filing a workers’ compensation claim after a work-related motor vehicle accident and explain why working with an experienced workers’ comp lawyer can make all the difference.

How Workers’ Comp Covers Motor Vehicle Accidents on the Job

In New Jersey, workers’ compensation covers most on-the-job injuries, including those that happen while driving for work purposes. If you are injured in a truck accident while performing work-related duties, you are typically entitled to benefits that cover medical bills, lost wages, and rehabilitation. However, filing a claim for a work-related vehicle accident can be more complicated than filing for other types of injuries.

For workers’ comp to cover your motor vehicle accident, the accident must occur during the scope of your employment. This means you were performing a work-related task when the accident happened. Common examples include:

• Delivery drivers making a scheduled delivery.
• Sales representatives driving to a client meeting.
• Construction workers transporting materials to a job site.
• Employees running errands for the business, such as picking up supplies.

However, if you were commuting to or from work, workers’ compensation may not apply, as New Jersey follows the “going and coming” rule, which typically excludes coverage for accidents during regular commuting.

Complexities of Filing a Workers’ Comp Claim After a Vehicle Accident

Filing a workers’ comp claim after a motor vehicle accident can introduce several challenges that are not present in other types of on-the-job injuries. Some of the complexities injured workers may face include:

1. Determining Fault in the Accident

In a typical motor vehicle accident, determining fault is a key part of the insurance process. However, for workers’ compensation claims, fault does not usually play a role in whether you’re entitled to benefits. Workers’ comp is a no-fault system, which means you’re eligible for benefits as long as the injury occurred while performing work-related duties, even if you were responsible for the accident. Still, the involvement of third-party drivers can add complications, especially if a third party was at fault.

2. Third-Party Liability Claims

If another driver caused the accident while you were working, you may be able to file a third-party liability claim in addition to your workers’ comp claim. A third-party claim can help you recover additional damages, such as pain and suffering, that are not covered under workers’ compensation. However, managing both a workers’ comp claim and a third-party lawsuit can be legally complex, which is why consulting a workers’ comp lawyer is recommended.

3. Navigating Auto Insurance and Workers’ Compensation

When you’re injured in a work-related motor vehicle accident, both workers’ comp insurance and auto insurance may come into play. Knowing which benefits apply, what to claim, and how to coordinate these insurance policies can be confusing. A skilled workers’ comp lawyer can help you navigate the interplay between the two, ensuring that you receive all the benefits you’re entitled to without overlapping coverage or missing out on compensation.

Benefits Available After an On-the-Job Vehicle Accident in New Jersey

After being injured in a motor vehicle accident while working, you may be entitled to several workers’ compensation benefits, including:

1. Medical Treatment

Workers’ comp covers all necessary medical treatment related to your injuries, including surgeries, medications, physical therapy, and ongoing care. You must seek treatment from a doctor approved by your employer’s workers’ compensation insurance provider to ensure coverage.

2. Temporary Disability Benefits

If your injuries prevent you from returning to work immediately, you may be eligible for temporary disability benefits. These benefits typically provide 70% of your average weekly wages and continue until your doctor determines that you can return to work or that you’ve reached maximum medical improvement (MMI).

3. Permanent Disability Benefits

If your injury results in a long-term or permanent disability, you may be entitled to permanent partial or permanent total disability benefits, depending on the severity of your condition.

4. Mileage Reimbursement

In some cases, workers’ comp may cover the mileage costs incurred for traveling to and from medical appointments related to your injury.

Why You Need a Workers’ Comp Lawyer for Motor Vehicle Accidents

Filing a workers’ compensation claim for a motor vehicle accident can be more complex than other types of on-the-job injuries, particularly when third-party liability is involved. Here’s why working with an experienced workers’ compensation lawyer is essential:

1. Understanding Dual Claims

Managing both a workers’ comp claim and a third-party liability claim requires a thorough understanding of both systems. A workers’ comp lawyer can guide you through the process, ensuring that you don’t jeopardize one claim while pursuing the other.

2. Maximizing Compensation

A workers’ comp lawyer will help you understand what benefits you’re entitled to and make sure you receive the maximum compensation available. They’ll also explore additional options, such as third-party lawsuits, to help you recover damages that aren’t covered under workers’ compensation, such as pain and suffering.

3. Dealing with Insurance Companies

Insurance companies may try to minimize your claim, especially if your case involves complex factors like third-party liability or disputes about whether the accident occurred during work-related activities. A lawyer can advocate on your behalf, negotiate with insurers, and ensure your rights are protected.

Steps to Take After an On-the-Job Motor Vehicle Accident

If you’ve been injured in a motor vehicle accident while working, here are the key steps you should take:

• Seek Medical Attention Immediately: Your health is the top priority. Get treatment for your injuries as soon as possible, and be sure to inform the medical provider that the injury occurred on the job.

• Report the Accident to Your Employer: Notify your employer as soon as possible about the accident. New Jersey law requires that you report workplace injuries to be eligible for workers’ comp benefits.

• Document the Accident: Keep detailed records of the accident, including the date, time, location, and circumstances. If possible, take photos of the scene, collect witness statements, and obtain a copy of the police report.

• Contact a Workers’ Comp Lawyer: Given the complexities of filing a workers’ comp claim after a motor vehicle accident, consulting with an experienced lawyer can help protect your rights and ensure you receive all the benefits you’re entitled to.

Contact Hartman Duff for Help With Your Workers’ Compensation Claim in New Jersey

If you’ve been injured in a motor vehicle accident while on the job, the legal team at Hartman Duff is here to help. Our experienced workers’ compensation lawyers understand the challenges injured workers face and are committed to helping you navigate the complexities of your claim.

Call us today at 609-853-5579 for a free consultation, or fill out our online contact form to speak directly with one of our knowledgeable attorneys. Let us help you secure the compensation you deserve.