What to Know If You’re Injured While Running Work Errands
Getting hurt in an accident while running errands for your boss puts you in a legal gray area that you probably never considered. You’re technically working, but you’re not on company property. You might not even be on the clock. In this situation, you might think you’re on your own. However, it’s important to understand that you don’t need to be officially clocked in to be covered by workers’ compensation. The law is clear that if you’re performing work, you’re covered.
Unfortunately, your boss might disagree, and you might have trouble getting them to cooperate. If you’ve been hurt while running errands for work, on or off the clock, here’s what you need to know.
Hiring a lawyer will give you the best leverage
Employers often don’t care about what’s legal. Sometimes they cut corners to save money and ignore laws that are inconvenient. It’s not unheard of for employers to contest workers’ compensation claims filed for injuries sustained off the property and off the clock. The only way to fight this type of situation is with a lawyer.
When you’re injured while running work errands, you should be covered by workers’ compensation and possibly your employer’s general insurance policy. However, it gets messy and confusing if you don’t have a lawyer. Hiring a personal injury lawyer is the only way to pinpoint all possible claims to pursue. For example, you might qualify for workers’ comp and a third-party injury claim if another driver caused the accident.
Being represented by a lawyer ensures you won’t get short-changed in terms of what claims you can file and how much compensation you receive. For example, insurance companies try to minimize payouts by shifting fault, and without a lawyer, your statements might be used against you. A lawyer will manage all communications so you don’t accidentally destroy your claim.
Does your injury qualify for workers’ compensation?
Not every injury that happens while working qualifies for workers’ compensation. The key determination comes down to whether or not you were acting “within the scope of employment” while you were injured. The accident doesn’t need to have happened at your workplace. If your boss asked you to pick up supplies or make a delivery, that usually counts. However, if you took a detour and stopped for personal reasons, like going through a drive-thru to get food or coffee, that can weaken your claim. You’ll have a stronger claim if you didn’t deviate from your employer’s instructions.
Be aware that if you violated your employer’s rule about off-site work tasks and didn’t have permission to run the errand, it can weaken your claim.
You can file multiple claims
Every insurance company you go to for compensation is going to shift responsibility to avoid paying out. Typically, you’ll start with workers’ compensation since it’s a no-fault system designed to cover medical expenses and partial lost wages. If you were driving, your personal auto policy or your company’s commercial policy might be relevant. And if your injury was caused by something negligent your employer did, their liability insurance might be triggered. However, be aware that if you recover funds from a third party, your workers’ compensation insurer might seek reimbursement through subrogation.
You might be able to file a third-party injury claim
What you can recover through workers’ compensation is limited to medical bills and a portion of lost wages. However, if someone else caused your injury, you might be able to file a claim against them to recover more compensation, including non-economic damages like pain and suffering. For example, if you were hurt in a car crash, you might be able to file a claim against the at-fault driver. If you ran an errand in a store and were hurt there, you might have a premises liability claim. You can pursue a workers’ compensation and third-party claim at the same time.
Report your injury to your employer fast
Delays in reporting are red flags to insurance adjusters, so it’s critical to report your injury to your employer immediately. Don’t call off for a day or two and then wait until you’re back to work to file a report. Take care of your immediate medical needs, and if you can’t file a report in person in that moment, call your boss to report it and let them know you’ll need an incident report form in the morning.
Hire a lawyer to protect your right to compensation
Workers’ compensation, auto insurance, and third-party liability claims aren’t automatic payouts. You have to actively pursue each claim and negotiate to protect your rights. That’s why the people who recover the most are those who hire a lawyer from the start.
