Workers’ compensation claims frequently, but not always take place in the context of employees being injured at their place of employment, such as a construction site, factory floor or office. But we at Ayers, Whitlow & Dressler know that what is most important in establishing a claim for workers’ compensation benefits in North Carolina is not so much where the injury took place, but the context in which it occurred.
As long as your injury has a nexus with your official work duties, you have a solid foundation on which to file a claim for workers’ compensation relief. One such nexus is travel in connection with your work. If you are on the road for your employer, and you are involved in an accident and suffer injuries from it, then your injuries are work-related. This is true whether you were traveling in a company car, or in your personal vehicle.
What is more, unlike ordinary negligence-based claims that arise from vehicle accidents, whether you qualify for workers’ compensation benefits or the amount of those benefits does not depend on who was at fault for the accident. Even if you were partially at fault for the accident, you can still claim benefits under workers’ compensation.
This is not to say that fault in the accident is immaterial. If the other driver was at fault, you may in addition to your possible workers’ compensation claim also have a negligence claim against the other negligent driver.
Vehicle accidents that happen in the context of your work can be complex to resolve, especially if third-party claims come into consideration. A Charlotte workers compensation attorney can help you to not only process your workers’ compensation benefits claim, but can also assist in settling or litigating any claims that you may have against those third parties.