Motor Vehicle Accidents at Work
October 4, 2018
Every day millions of workers drive for work, including delivery drivers, traveling nurses, home attendants, salespeople and consultants. Workers in Pennsylvania who are injured in a car accident while in the course and scope of their duties are generally entitled to workers’ compensation. The Philadelphia workers’ compensation lawyers at Larry Pitt & Associates are experienced in handling these complex claims and can help you collect the benefits you deserve.
Workers’ Compensation Eligibility
To succeed in your workers’ compensation claim, you must have been in the course and scope of your employment. This means that you must have been working during the time of the accident and not simply commuting to or from work or running a personal errand. You may not be eligible for workers’ compensation benefits if you were engaged in a criminal activity, on a detour or “frolic”, engaged in non-business activity, or you are an independent contractor.
Work-Related Motor Vehicle Accident Fatalities
Motor vehicle accidents are the leading cause of work-related deaths in the U.S., according to the Bureau of Labor Statistics (BLS). There were approximately 25,000 work-related motor vehicle fatalities between 2003 and 2016.
Among the workers killed in a motor vehicle accident on a public road during 2016, 37 percent were working in the transportation and warehousing industry, 12 percent were in construction, ten percent were in the wholesale and retail trade and seven percent were in agriculture. During that year there were also 587 workers fatally injured in work-related motor vehicle accidents on private roads or work-related pedestrian/motor vehicle accidents.
In Pennsylvania, death benefits are available to qualifying family members including: spouses, children under 18, children under 23 who are enrolled in school full-time, physically or mentally incapacitated children, financially dependent parents of the deceased worker and siblings under 18 (or under 23 if enrolled in school full-time) who were financially dependent upon the deceased worker and are now unable to support themselves due to a disability.
The deceased worker’s average weekly wages and the number of qualified beneficiaries will factor into the amount of death benefits the worker’s family will receive. Family members may also collect up to $3,000 for reasonable burial and funeral expenses.
Workers’ compensation covers medical expenses and a percentage of lost wages, but it does not compensate injured workers for damages like pain and suffering. To recover these additional damages, you may file a third-party personal injury claim against the person who caused your accident. Your employer’s workers’ compensation carrier may then subrogate the amount you recover from the third party. Even if the driver who caused the accident was uninsured or underinsured, you may still be able to collect benefits, although these types of claims tend to be much more complex. Therefore, it is in your best interest to contact an experienced work injury attorney who can help you navigate the process.
Philadelphia Work Injury Lawyers at Larry Pitt & Associates, P.C. Help Those Injured in a Car Accident While at Work
At Larry Pitt & Associates, P.C., we have been helping injured workers in Pennsylvania for over 35 years. If you were injured in a work-related motor vehicle accident, contact an experienced Philadelphia work injury lawyer at 888-PITT-LAW or complete our online contact form.
We proudly serve injured workers and their families in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County and throughout Pennsylvania, including those in the communities of Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.