Posted: 8/10/2006 7:48:26 PM EDT
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If you get injured (car accident) on your way into work, does workers comp cover you? or would you be SOL? |
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Another factor may even be whether you work for a private employer, government agency, are a seaman, yada yada. The concept NineLivez posted is called AOE/COE, for Arising Out of Employment / in the Course Of Employment. It would all depend on the governing state law or federal law. This is a question best dealt with by a lawyer, especially if it's not hypothetical and you had such an accident. IS this a hypothetical situation? Or WAS there an accident (if so, some facts would be nice...)? I know one situation where an hourly employee had an accident using her car to go from site to site to do work during the day and she had to haul her child in the car with her for some reason. The insurance company's lawyer had an assistant in the office to help with these things, and she decided that the kid being along meant that the employee was NOT driving for her employer and not only that, that the employee was committing fraud by trying to get her OWN injuries (not the daughter's) covered under WC. The above paragraph is not meant to answer your question, but rather to give you an idea of the kind of a**-crack reasoning that you sometimes encounter in WC claims defense. Likewise, there are sometimes on the claimant's side equally specious opinions. |
A co-worker was on his way to work in uniform in a company (COunty Police vehicle) on his way to work. A car swerved into his lane and put him in shock trauma. He was denied workers comp. I wondering if he's getting screwed or if he has any recourse. |
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Yes there is recourse -- he could see an attorney. Whether he would win an award or not is another question. A Worker's Comp specialist should be much better qualified to address the situation. WC can get REAL complicated. However, these lawyers like getting paid, and when a friend caught an infection (with $9K of complications) from his employer's 'client' who his job was to assist closely all day long, one lawyer flat out said he wouldn't even take the information, because there wasn't enough money in it for the lawyer ( the 1/3 contingency fee ). |