If you are in a car accident while working, then depending on the facts of the accident, you could potentially have a workers’ compensation case. If this happens to you, then you may want to know what you can expect to receive in an Arizona workers’ compensation settlement package.
Talking to a Phoenix workers’ compensation lawyer can help you identify your legal options and maximize your chances for a full and fair recovery.
If you have been hurt in a work-related motor vehicle accident, call Matt Fendon Law Group or contact an experienced attorney at (800) 229-3880 today for a free consultation.
How Much is the Average Workers’ Comp Car Accident Settlement?
According to data available from the National Safety Council, the average workers’ compensation settlement in the United States is about $90,000. Approximately $50,000 of this amount goes to medical bills, with the other $40,000 going to indemnity amounts.
This average amount can vary considerably. Factors that can influence how much you might receive in workers’ comp benefits for a work-related motor vehicle accident include the severity of your injuries and whether your injuries are permanent.
When Are Car Accidents Covered Under Workers’ Compensation?
Most employers in Arizona are required to carry workers’ compensation insurance. If an employee is hurt in a workplace accident, including a car crash under certain conditions, eligible employees can receive coverage for medical expenses, a portion of their lost wages, and disability benefits.
Arizona law states that you can receive workers’ compensation for a car accident for an injury arising out of and in the course of your employment when the collision occurred.
For example, a delivery driver who was hurt in a crash while dropping off a package would likely be entitled to workers’ compensation benefits. Traveling employees (workers whose work requires travel) are generally covered continuously during a trip, including ordinary meals and lodging, unless they make a distinct personal detour.
If, however, that same driver was hurt in a car accident on the way to lunch, and is on a normal off‑premises lunch during a non‑travel day, then injuries from a car accident are often not covered unless an exception applies, like combining the lunch trip with a work errand.
If workers compensation does not apply in such a case, then the injured worker might pursue compensation from the at-fault party through a personal injury claim.
When are Car Accidents Not Covered by Workers’ Comp?
Examples of car accidents that may not be covered by workers’ compensation include:
- Commutes to and from work. Ordinary commutes are generally not covered, but Arizona recognizes some exceptions, like injuries on the employer’s premises while arriving or leaving, special‑errand assignments, dual‑purpose trips that serve a necessary business mission, and travel in an employer‑provided vehicle or paid travel time/expenses.
- Personal breaks.
- Detours while travelling for work (e.g., making a coffee stop on the way to a meeting). Substantial, distinctly personal detours while traveling for work can break workers’ comp coverage. Minor comfort stops, like getting a cup of coffee or a restroom break, typically do not.
Can I File a Workers’ Compensation Claim and Personal Injury Lawsuit?
If you are in a car accident while working, you are entitled to benefits regardless of who is at fault.
But there is a trade-off.
In exchange for these guaranteed benefits, workers are generally unable to sue their employers for negligence.
However, personal injury claims may be possible for job-related car accidents if a third party (e.g., another driver) caused the crash. In these cases, a worker could potentially collect both workers’ compensation benefits and personal injury compensation for the same accident.
The advantage of filing a personal injury claim is that it allows you to seek reimbursement for losses not covered under Arizona workers’ compensation laws, such as property damage, pain and suffering, and punitive damages.
Because car accidents often involve multiple parties, it’s a good idea to have a skilled lawyer review your case to ensure that you seek compensation from every possible source.
Matt Fendon Law Group Can Protect You After Your Work-Related Accident
Figuring out whether you have a valid workers’ compensation claim after a collision can be difficult.
If you were hurt in a car accident while traveling for work, let a knowledgeable Arizona workers’ comp lawyer from Matt Fendon Law Group evaluate your claim in a free consultation.
We’ll listen to your story, review the facts, and discuss all possible avenues for compensation for you.
Getting started is simple. Call us at (800) 229-3880 or use our online contact form to schedule your free case review today.
