You check in for work, and your boss asks you to visit a remote work site. Your company doesn’t have its own vehicles, so you head out in your personal car. Unfortunately, you get rear-ended by a careless driver before you reach your destination. You assume you’re entitled to workers’ compensation benefits for your injuries since your accident happened while you were on the job. But what about the damage to your vehicle?
The short answer is that your car probably won’t be covered, at least not by workers’ comp insurance. In this article, our Las Vegas work accident benefits attorneys explain why and help you understand other options for recovering property damages.
What Workers’ Compensation Covers and What It Doesn’t
Nevada requires employers to carry workers’ compensation coverage, even if they have only one employee. If you are injured on the job, you are required to report the injury to your employer in writing within seven days (a relatively short window compared to other states).
Workers’ compensation in Nevada is designed to address specific losses tied to a work injury. Those typically include your medical expenses, lost wages, temporary or permanent disability benefits, and vocational rehabilitation if the injury prevents you from returning to your previous job.
If company property is damaged while you are on the job, your employer will likely be liable for replacing it. But personal property damage falls outside that scope. Whether your vehicle was damaged while you were driving between job sites, your tools were destroyed in a work-related machinery accident, or your smartphone was crushed in an on-the-job slip and fall accident, you can’t count on workers’ compensation insurance to cover.
Is it Reasonable to Ask My Employer to Cover My Property Damage?
It never hurts to ask, and some employers have generous insurance policies that cover personal property that was damaged on the job. But be aware that because damaged property does not fall under workers’ comp coverage, you may not get the help you seek.
When a Third Party Is Responsible for the Accident
Start by asking if there was someone outside of your employer (a third party) who caused or contributed to your accident. If so, you may be able to file a claim against the third party.
Common examples include a driver who rear-ends your vehicle while you are traveling for work, a contracted maintenance company that left tools on the ground and caused you to trip and fall, or a manufacturer whose defective work equipment caused an injury. If the third party was negligent, you may be able to file a personal injury claim against them, which could include property damages.
Third-party claims do not go through the workers’ compensation system. They are pursued separately as civil claims, often with the help of an accident injury lawyer.
Filing a Civil Suit Alongside a Workers’ Compensation Claim
If someone other than your employer caused your damages, you can file a civil claim. This is a common line of recourse for those who drive on the job (delivery drivers, rideshare drivers, or construction workers who drive between multiple job sites, etc.) You can’t double-dip, recovering the same damages from both your employer and a third-party, but you can use your third-party lawsuit to expand the scope of your compensation.
For example, if you’re hurt while driving for work in your personal car, your workers’ comp insurance will likely pay out first. Once you reach a settlement in your civil claim (personal injury), your workers’ compensation insurer will likely place a lien on your settlement. In other words, the workers’ comp insurer will ask the negligent third party in the civil suit to reimburse them for the medical bills and wage benefits they already paid you.
The third party can then pay you additional benefits not covered by the workers’ comp lawsuit, including pain and suffering, loss of use of your vehicle (during repairs), property damage, etc.
How to Document Your Damages
Regardless of which avenue you plan to pursue, it’s important to document your injuries and property damages as soon as possible. Before you leave the scene of your injury accident:
- Photograph the scene from different angles
- Photograph property damages
- Photograph any visible injuries
- Get contact information for witnesses
Moving forward, make sure to keep receipts for repairing or replacing damaged property.
Find the Right Attorney
If you decide to pursue a civil claim, be aware that not all attorneys deal with property damages. Some deal exclusively with personal injuries. Seek out a free consultation and ask your attorney about their strategy for helping you recover compensation for your damaged personal property.
You should also find someone with experience as both a workmen’s compensation lawyer and a personal injury lawyer. If you decide to submit both types of claims, the financial picture can get complicated as the case progresses. An attorney who is experienced in both arenas of law will understand how the numbers fit together and can help protect your overall recovery.