For some Hoosiers, getting behind the wheel of a vehicle and driving short distances or across the country is central to their job. Their Indiana employers have hired them to do things like drive delivery vans, taxi cabs, city buses, or tow trucks; operate a variety of construction vehicles; or transport cargo or freight in a commercial motor vehicle (e.g., semi-truck, big rig, tractor-trailer). These workers can be considered professional drivers who are driving a motor vehicle provided by their employer in order to accomplish their job tasks.
However, other Indiana workers occasionally may be required to drive a motor vehicle as part of their work responsibilities even though they are not professional drivers operating a company vehicle assigned to them. Employees may be asked to drive their own car, SUV, minivan, or pickup as part of the job. They may be required to visit clients or potential clients or to run errands (like getting signatures on company documents). Sometimes, they may take their own vehicle to company gatherings, like regional conferences, professional seminars, or company training programs.
In either situation, whether a professional driver or an employee on the road for a specific work task, if there is a car crash or motor vehicle accident where the employee suffers bodily injuries, then under Indiana law, that employer may be held legally liable for the accident and its consequences.
Motor Vehicle Accidents are the Leading Cause of Work-Related Deaths in this Country
According to the National Institute for Occupational Safety and Health (“NIOSH”), the leading cause of work-related death for workers in the United States is the motor vehicle accident. NIOSH considers work-related crashes to include both: (1) single- or multiple-vehicle crashes, on or off public roadways, which occur on the job; and (2) events in which a pedestrian worker (e.g., a law enforcement officer) is struck by a motor vehicle in operation, on or of a public roadway.
Using data compiled by the Bureau of Labor Statistics for 2019, NIOSH warns that:
- In 2019, without considering accidents on private roads, 24% of all work-related deaths in the United States involved workers driving or riding in a motor vehicle.
- Of these fatalities, over half (56%) were not employed as professional drivers in motor vehicle operator jobs.
- The three most dangerous industries for a fatal on-the-job motor vehicle accident involve workers in Transportation and Warehousing, Construction, and Wholesale and Retail Trade.
- The three most dangerous jobs for deaths in employee motor vehicle accidents were heavy and tractor-trailer truck drivers, construction occupations (trades workers and laborers), and police and sheriff’s patrol officers.
Hoosiers are wise to be aware that statistics reveal their greatest risk of a fatal on-the-job injury is a motor vehicle accident.
Claims Under Indiana Workers’ Compensation Law
The Indiana legislature has passed a series of laws that protect workers who are injured while on the job. This is collectively referred to as the Indiana Worker’s Compensation Statute Act (“IWCSA”), which mandates state employers pay premiums for insurance policies that cover workers and employees (including temps) who are injured while on the job.
The IWCSA does several things in addition to forcing companies to buy these insurance policies dedicated to protecting employees and workers who are injured while at work. The IWCSA also establishes the particular damages that are to be covered by workers’ compensation.
Defined Damages
The context of this workers’ compensation coverage as well as how the program works to protect injured Indiana employees is managed by the Workers’ Compensation Board of Indiana (“WCBI”). As the WCBI explains, these company insurance policies are designed to cover injured Indiana workers in three areas: “(1) Wage Replacement Benefits; (2) Medical Care; and (3) Money if the medical care can’t return you to pre-injury health status.”
Of great importance to on-the-job accident victims and their families, the IWCSA does not provide for the worker’s pain and suffering damages to be covered under the workers’ compensation policy.
No Civil Trial – the Indiana Workers’ Compensation Board
The IWCSA also defines the State of Indiana as a “no-fault” state, which removes any need for determining what happened in the motor vehicle accident and caused the crash. Instead, the IWCSA provides the workers’ compensation benefits are to be covered by the employer pursuant to the policy when a claim is made by the worker.
The IWCSA removes the availability of a civil trial in an Indiana state courtroom for the employee to pursue legal claims under the state’s personal injury and negligence laws. Lawsuits are not allowed to be filed. Instead, the IWCSA sets up the Indiana Workers’ Compensation Board to adjudicate Indiana workers’ compensation claims.
For more, read Indiana Workers’ Compensation and Car Accidents On the Job.
Personal Injury Lawsuits after Employee Hurt in Motor Vehicle Accident
This does not mean that Hoosiers who suffer bodily harm while on-the-job in a motor vehicle accident can never file a formal lawsuit seeking justice in the aftermath of the crash. The worker who has been hurt while driving for work reasons may be able to file a standard personal injury claim, which can cover additional damages such as pain and suffering, in several situations.
These include: (1) filing a lawsuit against the employer who does not have workers’ compensation coverage; (2) filing a lawsuit against the employer who has a policy but failed to keep up with the premiums; (3) filing a lawsuit against any manufacturers, designers, suppliers, and others who are responsible for a defective product that resulted in the accident; and (4) suing the employer when the motor vehicle accident has been caused by the intentional bad acts of the employer.
Additionally, if the employer (or its insurance carrier) denies that the worker meets the definition of an employee covered by the IWCSA, then the employee may have no alternative but to seek legal redress under state personal injury laws in a civil lawsuit.
For more, read Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims.
Justice for Victims of Work-Related Motor Vehicle Accidents in the State of Indiana
For on-the-job motor vehicle accident victims and their loved ones, it is important not only to understand that Indiana law provides legal avenues for justice, but how best to determine what damages can be covered and how claims are to be made.
Any worker or employee who is injured in a motor vehicle accident while on the job or performing a work-related task has the right to investigate the details of the incident to determine the full scope of legal responsibility under state law.
These investigations can reveal not only the extent of monetary recompense available to them under the Indiana Workers’ Compensation Act but also whether or not there are possible avenues for justice available to them via standard civil liability claims.
For more, read:
- Workers’ Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed
- Employer Liability for Distracted Driving Accidents in Indiana or Illinois
- Fatal Motor Vehicle Accidents on the Job: Four Types of Workers Facing Highest Risk of Deadly Work Crash
- Lone Workers: Employer’s Duty of Care
- Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
Driving a car, SUV, pickup, cab, semi, delivery van, or other type of motor vehicle while working poses the leading risk of death while on the job for drivers in this country. Please be careful out there!
