I was using my car to run errands for work and was in an accident am i covered under workers comp?
I was running errands for work when a semi driver ran me off the road, slamming me into the stirring wheel whipping my neck forward, shoving my chest and ribs into the stirring wheel. My employer said he was not going to pay for injuries or cover the damage to my car. Can he do this? Or and I covered by the employers insurance?
No company vehicles were made avaliable to me for use, I was expected to use my own car.
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were you one the clock? If you were then yes.
Your covered.
You should be but your car may not be unless you declared to your insurance company that you use it for work.
I’m only going to type this once, so read carefully:
Get. A. Lawyer.
You were on work time, doing work business. You should definitely be covered under workers’ comp. However, you were in your POV. If there were work vehicles available and you chose not to use them, then I can see there possibly being an issue. But you should definitely fall under your employer for this one, just from what you said here. So start calling your local bar association for referrals.
If he knew that you were doing work for the company and that to do that work you would be driving your own car, then he is probably up the creek and your injuries will be covered. If he or the company had a policy that you should not have used your car and you chose to do so anyway, then he may not be liable. So, I believe you will probably be able to claim under workmen’s comp for your injuries. However, you will need to speak to someone there and explain all the details to get a plan for your next move. Be sure to document the injuries and treatments/costs that you have incurred.
In Florida you would have to file work comp for the medical, your own auto insurance for the car damage.
You are definitely covered under his workers comp insurance. As for your vehicle, that one is going to be a bit tough…but not hard to get taken care of.
Since there were no company vehicles available to you at the time, and he had you take your own personal vehicle to run work related errands…on the clock…..more than likely his insurance company/broker will deny responsibility.
That’s okay, because then you will have to sue him and hold him personally responsible for the damages to your vehicle. What ever you do, make sure you take pictures of your car and gather up all the information from the day of the accident. Get the mileage for that day, but only mileage you put on your car for his errands. Make a log with the times, date, mileage (from errand to errand), and name the places you went to.
Your boss has no chance of winning in a court room. Especially since you were on company time.
Good Luck, and you might want to start seeking different employment. It’s going to get UGLY.
You are definately covered under the WC statutes/rules, and your
employers liability coverage for industrial injury. Can’t offer
much more as you did not provide your STATE… and WC laws are
STATE SPECIFIC.