My brother had a car accident while traveling to and from job sites. Is he covered by work for the damage?

Question

My brother had a car accident while traveling to and from job sites. Is he covered by work for the damage?

Answer 1

i dont believe so, the company is only liable if it was their fault in some way. Like he was in their car, and it malfunctioned some how etc... but dont take my word for it.

Answer 2

car accident is covered if he was in the company car or his own  insurance... cant put blame on the company if they wasnt there

Answer 3

If he was in the course and scope of his employment and was injured, then his employer's WC coverage will cover him for his injury.  

If he caused damage to his own vehicle, he would have to discuss the matter with his employer.  Some Commercial auto policies will provide Collision Coverage to "all autos" including their employee vehicle.   However, this is infrequent

If he was at fault, and he was driving his vehicle, usually his liability coverage would be primary, then his employer's would kick in.  If he was driving a company vehicle, then he is considered an "insured", and he would be covered under his employer's liability coverage.  

You did not provide enough info, so it is difficult to answer your question with 100% certainty.  Determining coverage should never be done without reviewing the policies.

Answer 4

Do you mean he was injured, or are you talking about damage to his car? In the first place, it may be covered by worker's comp (if he was on the clock, he certainly would be; if he was told to report to a certain site from home, the answer's maybe.)

If he own car was damaged, the answer is no. It's a risk he assumed.

Answer 5

If he is not a private contractor, just an employee, his company's insurance is prime.  He would also be covered under the (US) workers compensation coverage

Answer 6

This is a complex situation.  Was he injured?  Was he at fault? Was he driving his own vehicle?

If he was on the clock he should file with workmans compensation, but that is a battle.  You have to be hurt fairly badly to receive benefits, and you are denied on the first try every time - it requires a lawyer.

Honestly, your best bet is to call one of these lawyers that specialize in car accidents that work on contingency (paid only if you win).  They won't take a case if they don't think it will win.

Answer 7

Multiple scenarios with this one.  Is he a salaried employee or does he get paid by the hour?  If by the hour, does he get paid for travel time?

If he's a salaried employee, then yes he can file a worker's comp claim.

If he's paid hourly & not paid for travel time - no

paid hourly & paid for travel time - yes