I was in an accident yesterday and charged with reckless driving because I rear-ended the vehicle in front of me. Will I still be eligible for Workers Comp or can they deny paying my medical bills? I was in a company car when it happened, taken by ambulance to the ER, xrays taken and I am okay, thankfully; but I don't have health insurance and am very concerned about payment for the ambulance and other medical bills.
workers comp is state specific so the rules are different in each state; what is yours?
were you on the job?
was your travel approved by your employer?
it's rare but it's possible if you were engaged in illegal activities at the time of the accident the claim could be denied.
(12-30-2011 01:13 AM)1171 Wrote: [ -> ]workers comp is state specific so the rules are different in each state; what is yours?
were you on the job?
was your travel approved by your employer?
it's rare but it's possible if you were engaged in illegal activities at the time of the accident the claim could be denied.
I live and work in Virginia and was on the job - returning to my office between sales calls to drop off some packets for mailing to clients. So the travel was approved by my employer.
(12-30-2011 12:45 AM)rc413 Wrote: [ -> ]I was in an accident yesterday and charged with reckless driving because I rear-ended the vehicle in front of me. Will I still be eligible for Workers Comp or can they deny paying my medical bills? I was in a company car when it happened, taken by ambulance to the ER, xrays taken and I am okay, thankfully; but I don't have health insurance and am very concerned about payment for the ambulance and other medical bills.
More appropriately on point is the Board's decision in the case linked below:
http://www.vwc.state.va.us/vwc-portlet-c...933.93.pdf
The Workers Comp Court in VA has ruled that "negligence does not rise to a level of willful misconduct". To be denied WC benefits in this case, one would have to have exercised willful misconduct. While a violation of traffic law may be "reckless", it is not necessarily "willful".
From a purely legal standpoint, not directly related to the WC claim, it would be beneficial for you to plead not guilty on the Reckless Driving charge. Being found guilty after a bench trial is not an admission. If you enter a guilty plea and submit yourself to the penalties, you have admitted unlawful conduct, which would at least give the employer a means to challenge compensability based on "willful misconduct". Just because the WC Court has already previously ruled that the two are not the same, it doesn't prevent the ER (employer) from putting you through the motions.
(12-30-2011 11:37 AM)LeglEgl Wrote: [ -> ] (12-30-2011 12:45 AM)rc413 Wrote: [ -> ]I was in an accident yesterday and charged with reckless driving because I rear-ended the vehicle in front of me. Will I still be eligible for Workers Comp or can they deny paying my medical bills? I was in a company car when it happened, taken by ambulance to the ER, xrays taken and I am okay, thankfully; but I don't have health insurance and am very concerned about payment for the ambulance and other medical bills.
More appropriately on point is the Board's decision in the case linked below:
http://www.vwc.state.va.us/vwc-portlet-c...933.93.pdf
The Workers Comp Court in VA has ruled that "negligence does not rise to a level of willful misconduct". To be denied WC benefits in this case, one would have to have exercised willful misconduct. While a violation of traffic law may be "reckless", it is not necessarily "willful".
From a purely legal standpoint, not directly related to the WC claim, it would be beneficial for you to plead not guilty on the Reckless Driving charge. Being found guilty after a bench trial is not an admission. If you enter a guilty plea and submit yourself to the penalties, you have admitted unlawful conduct, which would at least give the employer a means to challenge compensability based on "willful misconduct". Just because the WC Court has already previously ruled that the two are not the same, it doesn't prevent the ER (employer) from putting you through the motions.
Thank you, that was the second thought on my mind. "Do I need a lawyer?". I'm going to get a consultation today.
I doubt very much if you need a WC lawyer at this point. The ER will most likely cover the medical fees at this stage. Paying the medical expenses and ambulance fee doesn't admit compensability for a WC claim. Since you say you are alright, and won't likely lose time from work or require further medical treatment, it's relatively a moot point.
As to the Reckless Driving charge, you'd have to decide whether a traffic law attorney would be necessary or not, depending upon your individual situation and how a conviction might affect you.
