Can you get workmans comp if you were in a wreck while carpooling home from work.?

my husband was carpooling home from work when the driver of the car was in a wreck. the driver is paid by the company to make sure he either gets home or to his car safely. my husband broke his femur in two places and hasn't worked for 5 months. can he get workman's comp since he was to get my husband safely to his destination and failed to do so?

as mentioned before wc does not come into play on this accident but you may have recourse from other sources.

first is the at-fault driver. you don't mention if the wreck involved other vehicles or if this was a one car accident. if the accident was reported to police, there is a police report and likely someone was ticketed. the ticketed driver is the at fault driver but not necessarily 100%. sometimes % of fault is spread amoung all drivers. make a claim for injury under the bodily injury section of the at-fault drivers liability insurance. that could be the driver of the car he was a passenger in or other drivers if this was a multi-vehicle accident.

second is the medical coverage secton or personal injury protection (PIP) part of the policy on the car he was riding in. every state is different but most require some form of this insurance, especially no-fault states. it's disigned to pay small medical bills of injured drivers and passengers w/out litigation being involved. if available, it is usually limited to a few thousand dollars per person.

third is the medical or PIP insurance on your dad's own automobile insurance policy. this insurance usually "follows "the "named insured" and protects him even if he is hurt while riding in someone elses car. it even protects him as a pedestrian hit by a licensed motorized vehicle.

fourth is the underinsured/uninsured coverage on the drivers policy, the driver of the car he was a passenger in. this only covers bodily injury (not property damage as most people think). this insurance is designed to come into play if you are injured and the responsible driver either has no insurance or has very little insurance.

hope this helps.

No. Workers comp. only insures people that were injured while working, not commuting to work. Unless of course, you're a trucker or commuting is your job. However, he may be able to sue for lost wages, etc.

I DOUBT IT

If you don't have an attorney yet, get one as soon as you can.

The driver of the car that your husband was in is responsible for all of your husbands bills, including his lost wages, and if the other driver was at fault, they share the blame.

Bottom line, don't wait. Get a lawyer on your side.

Good luck

Workers Compensation is specifically to cover injury to employees while in the course of employment. There unfortunately is no easy answer to this question. The worst case scenario is that the Work Comp carrier denies the claim. Ask the company to turn the claim in, although, since it is now 5 months later, you may have much bigger issues since the accidents or injuries are supposed to be reported as soon as possible. Generally speaking, the case can usually be made for injury occurring on the way TO work, but it is much harder to make the case on the way home FROM work. You may have a leg to stand on since you say the driver was being paid for driving and so he may have been doing work for the company. The bottom line is that this question does not have a 100% answer, ask your company to turn in the claim and cross your fingers.

Good luck to you!

No. WC only pays if you are injured while driving in the course of your work duties. Commuting to and from work does not fall into that category.

Driving to and from work, at the beginning and end of the day, isn't a workers comp eligible claim in any state I've ever worked WC in.

He can always sue the at fault party for lost wages and pain and suffering. He can also try to collect under his OWN policy, under the uninsured/underinsured motorist coverages, IF YOU BOUGHT IT, for those expenses.

If you didn't buy it, you're uninsured.