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If you were in an accident due to your own fault during your lunch period at work and you were in your personal vehicle does the employer have to pay workers comp?
Wiki User
∙ 10y ago
If you are in your own vehicle during your lunch hour, you do not qualify for work mans comp. The only way work mans comp is responsible for your accident is if it occurred on the job.
Wiki User
∙ 10y ago
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Is it legal for your employer to make you stay clocked out when you have to get into his company vehicle to travel to a job site If there were an accident how would it be covered?
Federal Portal-to-Portal Act says that the commute from home to assigned work site is unpaid. If injured in employer vehicle, the employer's auto insurance applied, NOT workers comp - commuting employees are not in the course and scope of employment.
How important is having a witness to an accident affect a claim of workers compensation?
Having a witness will always assist in making a claim for workers compensation, but it is not essential. In the UK - if an accident at work occurs an entry should be made by your employer of the accident circumstances. If the accident was serious or required more than 3 days off work - the Health and Safety executive should be notified by your employer who should investigate the accident circumstances. Your lawyer can access these documents which will assist your claim. For more details on how to show your employer is at fault see the attached link.
What happens if there is an accident in the workplace and the employer has taken out workers compensation?
Employers are generally required to carry Workers Compensation Insurance. If an employee is injured in the course of employment, Workers compensation pays medical costs and the like and the worker is prevented from suing the employer because of the injury.
Does an employer in Texas have to provide workmen's compensation insurance for an employee if that person has their own private insurance?
Texas is the only state were an employee does not have to have workers' comp insurance. Instead they can have a private accident insurance plan. But they must have one or the other. AN employer can exclude contract employees from coverage under their plan (at least in Texas). I forget the exact number, but I know if an employer is a small company, I think it may be under 15, then they don't have to have workers comp or an accident plan.
IS your employer's insurance responsible for an accident sustained while driving a company vehicle on the job?
I'm not a lawyer. But I believe if the accident was or was not your fault. Workers compansation is responcable for your getting back on your feet. As for the damage to the other party/ies. The company as well as you are responcible. Though in most cases the injured party/ies will only go after the company simply because you probobly don't have anything to take.
Will workers compensation cover your vechicle in an automobile accident?
Certainly Not. Workman's Compensation has nothing to do with paying for a vehicle or any other property losses.
When an employer prevents workers from entering their workplace it is called what?
When an employer prevents workers from entering their workplace it is called a lockout.
What does the workers comp insurance company need from the employer?
The workers comp insurance company requires the employer to insure all the employees.
Is the tractor owner responsible if his hired worker dies being the result of the tractor falling on the him?
The tractor owner may not be the hired workers employer. However if an employer hires a worker to drive a tractor and the tractor falls on top of him. Then the countries authorities should investigate the accident and prosecute the employer if the employer has been negligent (the accident could have been as a result of the employee deliberately not following instructions). Following all this criminal investigation into the death there would then likely be a civil suit for compensation if the employer is found to be at fault.
Which of these makes contigent workers an advantage to an employer?
the employer does not have to pay fringe benefits
When an employer prevents workers from the entering their workplace it is called an?
lockout
Can you have a person injury suit and be on workmens comp?
Generally, the answer is no, if you are looking to sue your employer, and yes, if you are looking to sue an outside party. The exclusive remedy doctrine (which is one of the core principles of the workers' compensation system) states that, with a very few exceptions the workers' compensation system is the exclusive remedy injured employees have to receive compensation for their injuries, and they may not both receive workers' compensation benefits and sue their employer. Exceptions may exist where the employer is found to have shown gross negligence that contributed to the injury. If a party other than your employer is at fault for the injury, the injured employee would still be able to sue the responsible party while receiving benefits from your employer's workers' comp carrier. For example, if a pizza delivery driver is in a motor vehicle accident for which the other driver is at fault, he could still recover benefits from the responsible driver and/ or her auto insurance carrier, in what is known as a 3rd party suit. The workers' compensation carrier would expect to receive a share of any settlement, however, based on the medical and income benefits that they have paid on the injured workers' behalf.
