Good advice.

Good advice.

I Was Working At The Time Of My Car Accident. Can I Still Sue For Compensation?

DBM Law Blog

The short answer to this question is maybe. It all depends on the status of the parties involved in the car accident.  Workers’ compensation benefits are available to workers who are disabled by an injury that occurs in the course of the worker’s employment.  In that case, the injured worker would be entitled to claim benefits under the Workers Compensation Act.
However, if the other party is at fault for the car accident, and was not an employer or a worker in the course of his or her own employment, then you would have an election.  You could either elect to receive benefits under the Workers Compensation Act or to sue the at fault party for compensation.
If the other party at fault for the car accident was an employer or a worker in the course of his or her employment at the time of the car accident, then your only option is to seek benefits under the Workers Compensation Act.
The difficulty can be in determining what the status is of each party involved in a car accident.  For example, a party may be a worker at the time of the accident, but not in the course of his or employment.  This could include situations where a worker is commuting to or from work, or is travelling for personal reasons.
Since there are strict time periods within which you must report a car accident, make an application for benefits under the Workers Compensation Act or to start a lawsuit, you should seek legal advice as soon as possible.  Failure to take timely steps in any of those regards could mean you are barred from pursuing your claim regardless of whether it is under the Workers Compensation Act or the court system.
If you have been injured in a car accident while working, and are unsure of what options are available to you, please call Sharene D. Orstad, a partner at Drysdale Bacon McStravick LLP, for a free consultation.

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