Transportation Accidents and Workers Compensation Claims

When people think of workers’ compensation, they often think of injuries like slips and falls or stress injuries. This is because we often view work injuries as singular events that occur on a work site, like a construction site or warehouse.

Yet, there is one type of workplace accident that happens in every type of occupation: transportation accidents. In fact, transportation accidents are one of the most common workplace accidents, and the main cause of fatalities on the job. In 2019, transportation accidents accounted to 40% of all work-related fatalities, and the trucking industry has the second-largest number of injury and illness claims.

But “transportation” covers a lot of ground, and not all transportation-related injuries or deaths are truck-accident related. Today, we are going to take a deeper look at what a transportation accident is, and what you can do if you are hurt.

Why are transportation accidents happening in all types of occupations?

The U.S. Bureau of Labor Statistics reports that there 184,470 injuries sustained by workers from transportation accidents. In addition to cars and trucks on the roadway, accidents in aviation, railroads, and boating account for transportation accidents. Transportation accidents occur in all types of occupations because even employees who do not drive/control vehicles for a living can be injured from a transportation accident.

For example, an employee can endure serious injuries after being struck by a commercial truck that was in the process of backing up. Employees can also become injured by vehicles in common areas like the parking lot of a workplace, or while loading cargo onto a plane.

What are some examples of work-related driving tasks on the job?

Any task that requires an employee to operate a vehicle for reasons related to work can be considered work-related purposes.  Some examples of work-related driving tasks for many employers include making deliveries, transporting another employee, and running errands for your employer. It can also include moving goods from one part of a worksite to another.

If employees travel for work without having a fixed office or are travelling between job sites, those are also examples of driving for work-related reasons. Although employees generally cannot receive workers’ compensation benefits for being involved in car accidents on their commutes to and from work, there are exceptions to that scenario depending on if the employee was performing a work-related task. For example, if the employee stops on the way to work to pick up some supplies for the office and is involved in a car accident, that employee may be eligible for workers’ compensation benefits. An employee may also receive workers’ compensation benefits if the employee was commuting in a company-owned vehicle.

If the employee was at fault for the transportation accident, can he or she still receive workers’ compensation benefits?

Yes. Because workers’ compensation is a no-fault insurance, the employee is still eligible for benefits whether they were at fault for the transportation accident or not. The only requirement the employee must prove is that the employee was driving to perform a work-related task.

Certain industries, however, are exempt from Maryland’s workers’ compensation program. For example, injured railroad employees would file a claim under the Federal Employer’s Liability Act (FELA) and maritime workers may need to make a claim under the Jones Act. We can help you pursue the right option for your claim.

How to reduce the number of transportation accidents at the workplace

Because many occupations involve the use of vehicles in some way or fashion, there is always a possibility of a transportation accident happening. However, there are some actions that employees and employers can take to prevent transportation accidents from occurring:

Practicing safety techniques while operating vehicles of all kinds, including using mirrors and turn signals (when applicable)

• Following the speed limits and rules of the road
• Remaining aware of pedestrians, fellow workers, and others while operating vehicles
• Ensuring that pathways for travel are free of any obstructions and debris

One of the actions that employers can take is to identify the people who are most at risk of being involved in transportation accidents. These workers may need additional training, or could be better suited for a different role.

If you sustained injuries in a work-related accident, call the Maryland workers’ compensation attorneys of Plaxen Adler Muncy, P.A. at 410-730-7737, or fill out our contact form. We have offices throughout the state of Maryland. We offer free initial consultations and a flexible appointment schedule. Reach out to us to learn more about how we can help you get the benefits you require.