NEWS & RESOURCES

Month: February 2016

BWC: Auto Accidents and Workers’ Comp

AUTO ACCIDENTS AND OHIO WORKERS’ COMPENSATION

Here at Malek & Malek we represent workers who have been injured while either driving or as a passenger in a motor vehicle. For injured workers involved in motor vehicle accidents, Malek & Malek will pursue two different legal remedies on behalf of the injured worker, a workers’ compensation claim and a personal injury lawsuit. In this article we will be discussing how a motor vehicle accident can be a compensable work injury.

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Before We Start: COURSE OF EMPLOYMENT

Before we delve into workers’ compensation auto accident rules, to be a compensable injury, an injury must have occurred within the “course of employment.” An injury happens within the course of employment when the worker is injured performing the tasks he was hired to do. Let’s use a restaurant fry cook as an example:

            Within The Course of Employment

  • Fry cook burns his hand on the grill
  • Fry cook slips on grease walking back to the freezer to get frozen French fries, lands on his back and sustains a back sprain
  • Fry cook suffers third-degree burns while cleaning the hot oil in an incorrect manner
  • Fry cook lacerates his hand throwing our trash into dumpster, where there was a nice in the trash bag

Not Within The Course Of Employment

  • Fry cook trips and lands on his back during a smoke break
  • Fry cook suffers a head contusion (bump on the head) while tossing frozen hamburgers back and forth with a fellow employee as part of a game

 

NOW THAT WE HAVE THAT OUT OF THE WAY, ONTO THE WORKERS’ COMP RULES THAT APPLY TO AUTO ACCIDENTS!!!

Continue reading BWC: Auto Accidents and Workers’ Comp

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