Employers often ask their workers to run quick errands, like picking up supplies or dropping off items at other stores. Unfortunately, sometimes accidents happen during these missions, and employers don’t always cooperate with workers’ compensation claims.
If you’ve been hurt while picking up supplies for work, here’s what you need to understand about your situation.
Hiring a lawyer is essential
You might think your situation will be as easy as filing a workers’ compensation claim and collecting your benefits. However, that may not be the case. If your employer challenges your claim, you’ll need to prove your injury qualifies for compensation, and that can be hard without legal counsel.
There’s also a chance you might be legally able to pursue compensation from multiple sources, and if you don’t have a lawyer, you won’t know your options. For example, if another driver or property owner caused your injury, you might have a valid personal injury lawsuit.
Anytime you’re dealing with an insurance company or shady employer, having a lawyer gives you a better chance at getting a fair settlement. Insurance companies want to protect their profits and will do anything to dismiss or devalue your claim. If the insurance company disputes your claim and your boss also tries to dispute it, you’ll need a lawyer to win.
When an errand counts as working
Some trips outside of the office qualify as work, but that’s not always the case. The law draws a line between personal errands and tasks done for your boss, but what that means isn’t always obvious. For example, if your boss told you to pick up supplies or drop something off, you’re generally considered to be acting within the scope of your employment. Even if you’re doing something outside your normal duties, it can still count as work-related.
Some common scenarios where injuries occur include:
- Car accidents while running errands or dropping off supplies
- Slips and fall accidents in stores or warehouses
- Injuries from lifting or carrying supplies
- Violence that occurs in unsafe environments
Most of these situations would be considered eligible for workers’ compensation. The problem occurs when you also stop for personal reasons, like grabbing a bite to eat or getting coffee. Even if the accident didn’t happen while you ran your personal errands, doing so can constitute “stepping outside” of your work duties and can get your claim dismissed.
If you’re a remote worker running errands for your employer, the boundaries between personal activity and work-related activity are even more blurred. In this case, you’ll need strong documentation that proves you were running an errand for your boss and you didn’t just randomly decide to leave the house for personal reasons.
How compensation is calculated
If you’re wondering what your case is worth, the answer depends on several factors like your current and future medical expenses, lost wages, lost earning capacity, disability status, and more. There’s no standard formula that applies to every case.
How personal injury claims work
In some cases, a workers’ comp claim can be filed alongside a personal injury claim. However, a successful personal injury claim can force you to repay some of your workers’ comp payout.
Generally speaking, workers’ comp covers medical bills and a portion of lost wages. It doesn’t cover non-economic damages like pain and suffering. If a third party caused your injury, you might be able to pursue a personal injury lawsuit to recover compensation for pain, emotional distress, and your full lost wages.
Challenges you might face with your claim
Getting compensated isn’t always a simple process. You can expect resistance and delays. Your version of events will be scrutinized and questioned by both your employer and the workers’ comp insurance adjuster. For example, your employer might argue that you weren’t working when you were injured, and if that happens, the insurance company will also contest your claim.
The biggest obstacle you’ll face is recovering fair compensation. Insurance companies want to pay as little as possible and will start with settlement offers that don’t reflect the full value of your case. They know that the longer they drag things out, the more pressure you’ll feel to take their offer. That’s why you need persistence to get what you deserve.
Don’t assume you’ll automatically get compensation
Even if you believe workers’ compensation should apply to your situation, things might get a little complicated. Whether you file a workers’ comp claim, a personal injury lawsuit, or both, get a lawyer early so you don’t miss out on the compensation you truly deserve.
