An on-the-job injury due to a car accident often goes beyond the standard, but already complex workers comp process. You have to demonstrate that using the motor vehicle of your accident is squarely within the realm of conducting business for your employer before you can establish that your injury is work-related.
Tough legal road to haul
Workers’ compensation is a collection of statutes based upon legislation that formulates administrative directives. To meet the workers’ comp statutory standard, you must be engaged in an activity that is consistent with your employer’s business in order for your car accident injury to be considered a workers’ compensation matter. This means your car accident must be in “the course of and arising out of” your employment.
The courts look at these three factors in deciding whether your car accident injury qualifies for workers’ compensation:
- The benefit received by the employer that placed the employee at the accident site
- The amount of control the employer had over the accident scene
- The proximity of your place of employment to the car accident
Some car accident cases fall squarely within the statutory framework. For example, a highway construction worker in a company truck hauling water to a worksite. Less clear is an employee transporting office mail to the post office in a personal vehicle on the way to lunch.
If you were injured in a work-related car accident that was caused by a driver in a separate vehicle, you may be able to file an Ohio personal injury lawsuit, pursuant to Ohio Revised Codes §2305.10 in addition to your workers’ compensation claim.
The Ohio Bureau of Workers’ Compensation is a statutory sugrogee, which means that benefits paid by workers’ compensation are deducted from any damages award that results from your personal injury case.