Denial Of Workers Comp Because Of Actions During A Vehicle Accident: What You Should Know
Posted on: 25 March 2015
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Your employer or the employer's insurance company is disputing your workers compensation claim for injuries during a vehicle collision. That's because you did something you should not have done during the course of your job duties. Essentially, two types of situations could apply in your case. The basic premise involves whether the action that may have led to the accident was intrinsically connected with your job.
Actions Directly Related to the Job
Having the denial overturned by a workers compensation judge or review board is more likely if you did something wrong that was still directly related to your work.
For example, you may have been driving faster than the speed limit or you ran a red light. You might have been trying to make a delivery or get to an appointment on time. Everything you did involved performing your job duties, even though you made an unwise decision on how to do your job better.
Another situation could involve running an errand for your employer during your lunch hour. Maybe your boss asked you to swing by the post office and drop off some mail, and you caused a collision while doing so. Even though you were on an unpaid break, you might have the denial overturned because you wouldn't have been at that location except for a work duty.
Actions Not Related to the Job
You may not win the case if you were doing something personal that wasn't related to your job. Examples include:
- being distracted by a personal call on your cell phone
- doing personal texting on your phone
- driving somewhere outside of your route to run a personal errand
If the accident happened during these actions, it probably can't be considered related to your job duties.
Aggravating Factors
In the first type of scenario, a legal concept known as an aggravating factor can lead to your claim being denied. For instance, if the accident occurred when your blood alcohol level was over the legal limit, you can expect that you won't qualify for workers comp. Whereas running a red light is a moving violation, driving under the influence is a crime.
Concluding Thoughts
If you are worried that your claim will be denied, contact a workers compensation lawyer for assistance. You can have a free initial interview and learn whether you have a good case. A lawyer can help you effectively appeal the denial if you do deserve workers comp payments. Try this out today.