Las Vegas, NV (November 18th, 2024) – A school bus driver suffered a possible broken leg in a collision with a suspected drunk driver early Monday morning at Eldora Avenue and Lindell Road.
The school bus was transporting six children when it was hit by a sedan that ran a red light. Law enforcement are investigating the cause of the motor vehicle accident. Authorities suspect the driver of the sedan may have been under the influence of alcohol.
As a Nevada worker who was injured on the clock, the school bus driver may be entitled to workers’ compensation benefits as well as compensation provided through a personal injury lawsuit against the at-fault driver. A state-mandated employment insurance, workers’ compensation provides benefits to employees who are injured or become ill due to their work.
When Are Accidents Considered Work-Related?
To qualify for workers’ compensation, injuries or illnesses must be suffered during the course and scope of employment. Therefore, employees’ actions at the time of an accident must be work-related for them to receive benefits. If a worker was injured in a motor vehicle accident while performing work-related duties, it may fall within the scope of their employment.
Common Work-Related Driving Scenarios
Whether traveling to or from work, or driving on the clock, there are several common work-related driving scenarios that may lead to workers’ compensation claims. The circumstances of each scenario may factor into whether an employee can obtain benefits for auto accident-related injuries.
Driving to and From Work
Employees must often commute to and from work each day. Generally, motor vehicle collisions that occur while traveling to and from a job site are not covered by workers’ compensation. Rather, employees injured in such accidents may recover damages through an auto insurance claim or personal injury lawsuit.
Driving to a Work-Related Location
Performing their work duties may have employees driving to client meetings, job sites, or other work-related locations. If traveling to or between such sites while on the clock and in the course of their work-related tasks, injuries suffered in collisions may be covered by workers’ compensation.
At the time of Monday’s school bus accident, the driver was transporting children. As such, the bus driver may be entitled to receive workers’ compensation benefits for their resulting injuries.
Making Deliveries or Running Errands
Like traveling to work-related locations while on the clock, injuries suffered in wrecks while making deliveries or running errands for an employer may be covered by workers’ compensation. If injured while running a personal errand, however, employees may have to pursue damages through the Las Vegas motor vehicle accidents claims process.
Using a Company Vehicle for Work Purposes
Some workers drive company-owned vehicles while on the job, such as the bus driver, for example. If using company vehicles for work-related purposes when they get into auto accidents, employees’ injuries are often covered by their employers’ workers compensation insurance.
Types of Workers’ Compensation Benefits
Employees injured on-the-job in Nevada may be entitled to various workers’ compensation benefits to aid in their recoveries and help them get back to work. The benefits they may receive include:
Medical Benefits
Workers’ compensation covers all reasonable and necessary medical expenses related to occupational injuries. For example, such benefits may cover the costs of doctor visits, surgeries, medications, and therapy.
Wage Loss Benefits
Some occupational injuries keep employees from working, either temporarily or permanently. In such cases, they may be eligible for temporary or permanent disability benefits to replace their lost wages.
Vocational Rehabilitation
Workers’ compensation may also include vocational rehabilitation services. If injured employees cannot return to their previous jobs, they may receive benefits such as job training or job placement assistance.
How Do Injured Workers Get Benefits in Nevada?
After a workplace accident, injured employees must take several steps to receive the benefits they deserve. Working with a workers’ compensation lawyer may help ensure they meet the necessary requirements and deadlines to avoid a denial of benefits.
Reporting the Accident
Workers who suffer injuries on the job should report them to their employers as soon as possible. Often, employers have reporting procedures for workplace accidents. Following the reporting process, and seeking medical attention as soon as possible, may help avoid delays or denials of benefits.
Filing a Workers’ Compensation Claim
To recover workers’ compensation benefits, injured workers must complete and submit the necessary paperwork to their employers or the insurance carriers. In doing so, they should be aware of any applicable deadlines. Filing outside the allowed timeframes or failing to submit information in a timely manner may result in denials of claims.
Third-Party Liability for Work-Related Accidents in Nevada
Workers’ compensation typically covers work-related injuries, but it may not fully compensate injured employees for all their losses. While they generally cannot pursue additional damages from their employers, those injured in such car accidents may have grounds to take legal action against the at-fault driver.
Third-party liability refers to the legal responsibility of a person or entity, other than the injured worker’s employer. In the case of the recent bus accident, for example, the car’s driver could be considered negligent if under the influence. As such, the car’s driver may be held financially liable for the bus driver’s resulting losses. Unlike with workers’ compensation benefits, through a third-party liability lawsuit, injured workers may be compensated for their non-economic damages, such as pain and suffering.
While it may seem straightforward, the workers’ compensation process may carry challenges for injured workers in Nevada. Since 1985, our attorney at George Bochanis Injury Law Offices has helped clients like you recover the benefits they deserve. To discuss your rights after a workplace accident, contact us today at 702-388-2005.
