When is a construction worker’s car accident considered a work injury?

A car accident can result in many complications that can keep construction workers off the job for months, including broken bones, traumatic brain injury, joint damage, neck and back injuries, or spinal cord injuries that can result in paraplegia or quadriplegia. If you were involved in a crash while in the service of your employer, you may be entitled to workers’ compensation benefits for medical costs and lost wages resulting from the accident.

Construction Worker With an Orange Cone on the Side of the Road Hofmann & Schweitzer.

Common Causes of Work-Related Car Accidents in the Construction Industry

Employers will only provide workers’ compensation benefits for vehicle accidents that are “work-related,” but the definition of work-related can vary from workplace to workplace. Although any injury sustained at the work location is often covered, employees also qualify if they are injured during work-related travel or if they are away from the job site in order to do a task that benefits the employer.

Employees may be able to collect workers’ compensation for a construction motor vehicle crash if they were:

Hit By A Car While Working 

If a driver strikes a worker who is standing near the roadway, the injured employee can not only collect workers’ compensation, but may also be entitled to file a lawsuit against the driver for pain and suffering damages.

Driving A Company Vehicle 

An employee who is driving a delivery van, truck, bulldozer, or other vehicle may collect compensation when these vehicles are involved in an accident. In addition, the worker may file a third-party lawsuit if the injury was caused by poor vehicle maintenance or defective parts.

Struck By A Company Vehicle 

If an employee is struck by a co-worker who is operating a car, truck, dump truck, or other heavy equipment moving in and out of the construction zone, his or her injuries would be covered by workers’ compensation.

Performing Tasks For An Employer Or Co-Worker 

Workers may be denied benefits if they are injured when they are “off the clock,” such during lunch breaks or while traveling to and from work. However, there may be an exception for off-the-clock injuries if the injured worker was running errands for an employer, such as picking up coffee and bagels for the whole team before work, or dropping off a package for the employer on a lunch break.

Traveling Between Sites 

Employees may be covered if they were asked to drive their own vehicles to pick up additional construction materials, shuttle co-workers to the owner’s other work sites, make work-related deliveries, or bring clients to view a property.

Have You Been Injured While Working On A Construction Site?

If you've been hurt while working at your construction job you need to speak with an experienced construction accident attorney as soon as possible. Please feel free to contact us online or call our New York City law office directly at 212.465.8840 to schedule your free consultation.

You can also read through our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.

 

Timothy F. Schweitzer
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Tim Schweitzer is a personal injury lawyer specializing in maritime, construction and railroad injury claims.