I left work early to try to get to my son’s baseball game. While driving, my boss called me to discuss issues related to work. While on the phone, and waiting at a red light, another vehicle rear-ended me. The other driver does not have auto insurance. Can I file a workers’ compensation claim?
Yes, you can. Not only can you sue the driver that collided into you, but you can also file a workers’ compensation claim. In order to file a work comp claim, you need to prove your accident occurred during work and was related to work. Of course, you are going to say, "But I had already left work..." However, in some cases, you are still considered on the clock if your performing duties related to your job, are in the parking lot of your employer, you are running an errand for the benefit of your employer or your job requires you to travel. Usually, whether you can file a work comp claim AND sue a driver for colliding into you, is fact specific and requires the opinion of an experienced lawyer. Feel free to call me for a no charge consultation if you have questions.
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