Are Car Accidents Covered by Workers’ Compensation in Maryland?

You’ve been in this situation before. As you are traveling to work, some irresponsible driver rear-ends you and now you know you will be late to work. While you are grateful that you did not suffer any serious injuries (that you know of), the additional stress associated with a car accident has you on edge a little bit.

What happens if you became involved in a car accident while performing your work duties? Do you contact your personal insurance company, or are you entitled to workers’ compensation benefits?

The answer is, it depends on the circumstances. Workers’ compensation benefits are benefits that employees are entitled to after suffering a work-related injury. If you were injured in a transportation-related accident that happened during the course of your employment, you should be able to collect wage loss and medical benefits. For your car accident to be covered under workers’ compensation benefits, you have to have been driving for a work-related purpose and performing tasks related to your employment.

What are some examples of car accidents covered under workers’ compensation?

One of the examples of a transportation-related accident covered under workers’ compensation is delivering products. If you are a delivery driver and you are on the clock at the time of your car accident, your accident can be qualified as a workplace accident. Truck drivers in general who are classified as employees should be entitled to receive workers’ compensation if they are hurt in the course of their job duties. This can include transporting goods or materials on a worksite, too. For example, if you take a work truck from one part of a construction site to another and suffer injuries in a collision, you should be entitled to benefits.

Another example involves when you are traveling between two work locations. If your job requires you to travel from one work location to another, like it might if you are a construction site supervisor, and you have a car accident, it is considered a workplace accident and entitles you to receive workers’ compensation benefits. If you are transporting a coworker or business partner to a work location or for work-related purposes, you should also be covered.

Finally, if you are performing errands for your job and are involved in a traffic accident, you can file for workers’ compensation benefits.

Which transportation-related accidents are not covered under workers’ compensation?

Any traffic accident that did not occur under the course of your employment is not qualified as a workplace accident. Typically, this involves commuting to or from work, as well as leaving work for lunch. It also includes any time you “clock out” to perform a personal errand.

However, there are some exceptions where you can receive workers’ compensation benefits under these conditions. If your transportation is arranged and paid for through your employer, you may be eligible to receive workers’ compensation benefits.

How frequent are fatal transportation-related accidents at the workplace?

Unfortunately, transportation-related vehicle accidents at the workplace are quite common. In fact, the U.S. Bureau of Labor of Statistics (BLS) reported that transportation accidents were responsible for 1,778 deaths (37.3% of all fatal work injuries) in 2020. Of those fatal accidents:

• 330 involved pedestrians
• 1,038 involved an accident on a roadway
• 155 involved a rollover or jackknife incident
• 1,282 involved “transportation and material moving” industry workers
• 976 involved “construction and extraction” industry workers

Per the BLS, those four industries – transportation, material moving, construction, and extraction – accounted for nearly half (47.4%) of all worksite fatalities in 2020. Driver/sales workers and truck drivers’ deaths accounted for 25.8% of all worker fatalities that same year.

If your loved one died in the course of his or her job duties, you may be entitled to death benefits under Maryland law. These benefits provide funeral expenses as well as a percentage of earnings.

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 submit our contact form. We serve clients throughout the state of Maryland. We offer free consultations and a flexible appointment schedule.