Does a Car Accident Injury in Michigan Entitle You To Workers Compensation?
Suffering a car accident injury in Michigan while you’re working is troublesome. It’s a stressful time in your life since you can’t earn a living. There’s even a probability you get a temporary disability, and that’s not good.
Physical pain and even emotional trauma can affect your ability to work. If you’re injured on the job, you may entitle yourself to workers’ compensation. Your workers’ comp may cover injuries that come from car accidents at work, but this is still situational.
In this guide, we’ll give you the necessary things you need to know to claim workers’ compensation from your employer.
Understanding Workers’ Compensation in Michigan
There are three sources of compensation should you find yourself in a car accident during work. These are:
- Workers’ compensation
- No-fault accident insurance
- Personal injury claims against the at-fault driver
A Michigan car accident injury will have different stipulations for you to follow or comply with to get these claims for yourself.
What Does Workers’ Compensation Cover?
An employee has full eligibility for workers’ compensation in Michigan when doing their scope of work. As long as you’re doing your duties for your employer, you can get your dues if you get in a car accident. These, however, have limitations.
For one, the coverage of workers’ compensation benefits should only relate to work. A work-related car accident includes:
- Making deliveries for the company
- Traveling for a work-related purpose paid for by your employer
- Moving and traveling between job sites
- Transporting employees with sanction from the company
- Fulfilling work-related tasks and errands
Any employment involving driving for the company will allow you to file a workers’ compensation claim. It includes driving such as commercial cargo trucking and even taxi services. There’s also a recourse for remote-based workers.
If you are working for a company remotely, you can get workers’ compensation when traveling home to work. You can file for this claim if you get into a car accident in Michigan while you’re commuting.
What is NOT Covered by the Michigan Workers’ Compensation?
Workers’ compensation in Michigan, like in any other state, has its limitations. You are not eligible for workers’ comp in Michigan if the auto accident happens outside of work hours. There are a few stipulations that define what a work hour is.
Non-work hours include:
- Commuting between work and home
- If you’re off the clock for lunch or on breaks
- Any activities unrelated to your job
A good thing to remember is that workers’ comp in Michigan is in the nature of no-fault insurance. Thus, it doesn’t matter if you’re the at-fault driver or not.
Fault does not play into a person getting workers’ compensation in Michigan. Even if you caused the accident and hurt yourself, you may still claim for workers’ comp. As long as it happens during your time of work or employment, you’re good to go.
What Happens When the Workers’ Comp is Not Enough?
Let’s say the workers’ compensation benefits are not enough for your needs. Workers’ comp covers your medical bills and some of the wage loss that you get during your recovery. If the compensation from this is not enough, there are a couple of other recourses you can take.
- Filing a Personal Injury Claim
There will be situations where you can file a personal injury lawsuit against at-fault drivers. This recourse can give you further compensation for different damages. Many of these damages are not available with workers’ compensation benefits.
These include:
- Pain and suffering
- Any property damage, if you own the vehicle
- Emotional damages from distress
- Loss of consortium damages
- Loss of enjoyment of life damages
If you want to pursue this type of claim, it’s best to have an experienced personal injury lawyer. You would want someone who is ready to handle your case and tell you what records to keep.
- Filing For No-Fault PIP
The last entitlement you have if a car accident at work in Michigan injures you are the no-fault PIP benefits. Personal Independence Payment or PIP gives you the ability to deal with medical expenses or long-term health condition. These insurance benefits include:
- Medical expenses
- Loss of wage
- Replacement services during debilitation
All you need to do is get a no-fault PIP claim with your current auto insurance company. The insurer will ask for a few details around the case, but the details should be simple enough.
Why You Need an Experienced Lawyer for a Car Accident Injury in Michigan
A car accident injury in Michigan can cost you valuable time and money. It would need you to cover expensive medical bills and lost wages, which can be heavy as it is. It becomes even heavier if your people deny your claims.
If this happens, you need to discuss your legal options with an experienced Michigan personal injury lawyer. Discuss it over a free, no-obligation consultation, and see what recourse you have from here.
Let’s find out if you have a valid claim. Talk to us now and let us help you recover the just compensation that is rightfully yours.
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