I was involved in a car accident while making a delivery for my job. Is this a case of workers comp?

Question:

I was involved in a car accident while making a delivery for my job. Is this a case of workers comp?

Answer:

When you are injured driving a vehicle for work, you may wonder about the differences between workers comp vs. auto injury coverage and about which option is best for you. In reality, the answer can vary depending on the situation, but in many cases, when workers comp applies, you'll want to consider using workers comp.

The major benefit of workers comp is that you are removed from the tort system, so negligence doesn't matter. Even if you were at fault for the car accident, you can still recover... as long as it is considered to have arisen from your job duties. So, if you were sent out on an errand or to make a delivery, this will likely be considered part of your job duties. Other benefits to workers comp include the fact that the benefits are set by state law and can include payment for medical bills and lost wages that may exceed the policy limits for claims on your auto insurance.

Of course, if the other driver was at fault or you live in a no fault state, then the decision as to whether to file a workers comp or auto insurance claim may be different. There are, in fact, a number of variables to consider- which is why it is advisable to consult with an experienced lawyer after the accident to decide which course of action is best for getting the compensation you deserve. 

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