A car accident is never a pleasant situation. However, it becomes more stressful if your car accident occurred while commuting to work. Not only are you worried about being late to your job, you are concerned about any possible injuries, liability, and if your accident is covered by worker’s compensation. The first step anyone in this situation must take is to contact an Oklahoma worker’s compensation attorney immediately in order to preserve your rights and ensure your claim is accepted.
Your worker’s compensation attorney will explain that worker’s compensation law is fairly straightforward. The purpose of worker’s compensation is to provide for employees who are injured while on the job while performing job duties.
However, there are gray areas to worker’s compensation law that your worker’s compensation attorney will be able to expertly explain and see if your situation falls into one of the exceptions.
How Worker’s Compensation Traditionally Works
In Oklahoma, worker’s compensation is defined as a benefit of employment if a worker is injured during “the scope of their employment.” Scope of employment can also be referred to as “on the clock” or “on the job.”
While this definition may seem straightforward, the beginning and ending of a work day can be vague. Questions arise, such as “when does my day actually end?” or “does my day begin when I park in the company parking lot, or when I punch in for work?” These questions require greater detailed explanation into worker’s compensation law.
Worker’s compensation law in Oklahoma states injuries are covered if they occur during the course of employment. This means that regardless of your location or time or day, your injury is covered under worker’s compensation if you are preforming a job-related task that was assigned to you.
The most common rule worker’s compensation law follows is to not cover injuries incurred when traveling to and from work, also known as the “portal to portal” rule, as described by the U.S. Department of Labor. As your worker’s compensation attorney will explain to you, worker’s compensation typically doesn’t cover injuries sustained in a car accident on the way to work. However, as with most laws, there are exceptions to the portal to portal rule. Your worker’s compensation attorney can help evaluate your case to see if your situation falls into one of the exceptions.
“Portal to Portal” Exceptions
There are several exceptions to the portal to portal rule that protect employees that are off the work site and outside of work hours, but are still performing assigned tasks. Some examples are provided below. Your worker’s compensation attorney can provide greater detail during your consultation.
- Client dinner: If you have been asked to attend a client dinner that is held outside of work hours and located outside the job site, this activity is considered “under the scope of employment.” If you are injured in a car accident either to or from the client dinner, worker’s compensation will typically cover those injuries and damages.
- Special assignments: While on the way to or from work. your employer has asked you to run an errand or perform a special assignment which requires you to divert from your normal route to work. This qualifies as a portal to portal exception. You are performing a task under the scope of your employment, and thus qualify for worker’s compensation if you are injured.
- Slip and fall while on assignment: Similarly to the special assignment exception, if you slip and fall while on a work-assigned task, worker’s compensation should cover medical bills, wages, and any disability or physical therapy needed.
- Responsibility outside of normal business hours: This situation occurs when a job-related task is done outside regular office hours and typically off-site. For example, if Sally is a nurse that must be available to her employer’s patients at all times and receives a phone call while she is driving home from work and subsequently is involved in a car accident, this would be an exception to the portal to portal rule. Sally’s injury will be covered by worker’s compensation.
- Unscheduled visits to the workplace: This is a rather unique exception to the portal to portal rule and tends to not be a guaranteed exception unless certain elements are met. An example of this exception involves workers regularly visiting the work place when they are not scheduled to work. Typically, if an employee drives into the parking lot of the employer when they are unscheduled to work and subsequently are injured in a car accident in that parking lot, worker’s compensation is not required to cover those injuries. The exception arises when the supervisor or manager is aware of the unscheduled workers visits, observes them, allows the visits, and does nothing to stop the visits, then the employer is taking responsibility for the welfare of the unscheduled worker while on the job site. Your worker’s compensation attorney will have to show actual knowledge by the employer of your presence and their acquiescence to your visits.
While these exceptions to the portal to portal rule exist, worker’s compensation is not guaranteed. Worker’s compensation insurance agents tend to automatically deny a claim when an injury is sustained off-site and outside of work hours. Having a worker’s compensation attorney is critical in order to make sure your claim is properly handled by the worker’s compensation insurance company.
Benefits of a Worker’s Compensation Attorney
Receiving proper coverage if you are injured coming to or from work while under the scope of your employment can be difficult to prove, and most worker’s compensation insurance companies deny these types of claims automatically. An experienced worker’s compensation attorney will have expert knowledge of these types of portal to portal exceptions, how to apply them to your case, and how to negotiate with the worker’s compensation insurance company agents.
Your worker’s compensation attorney also will have expert knowledge in the process and procedure of filing a worker’s compensation claim and handling a claim that might initially be denied. There is a specific process that must be followed in Oklahoma when dealing with a denied worker’s compensation claim, which is not easy to take on yourself if you are not aware of the laws or procedures.
Your worker’s compensation attorney practices and applies the laws every day in order to intelligently represent and advocate for their clients.
Another invaluable benefit to hiring a worker’s compensation attorney is reducing stress during the process. You can focus on recovering from your injury while knowing that your case is being handled by the best worker’s compensation attorney out there. We provide open lines of communication and reassurance that your claim is being handled timely.
The chances of a fair recovery without a worker’s compensation attorney are small. Hiring a worker’s compensation attorney allows greater possibility for a successful outcome.
Free Consultation with a Tulsa Worker’s Compensation Attorney
Consulting with a worker’s compensation attorney as soon as possible in the event you are have been injured while on your commute to work or driving while you are completing a work responsibility is very important in order to preserve your rights, make sure worker’s compensation insurance companies take your seriously, and help you negotiate and obtain a fair settlement. A worker’s compensation attorney can help protect you and advise you on what you are entitled to in a personal injury settlement.
Hiring a knowledgeable and experienced worker’s compensation attorney will ensure the process is expertly conducted and your interests are well-represented.
Contact an experienced Tulsa Worker’s Compensation Attorney when you need to go through the Oklahoma worker’s compensation process.
For a free confidential consultation, call now: (918) 924-5528.
