Is is considered injury at job for traffic accident on the way to office?
By Zhu Huifen
• United States
26 Jul 09
Well, your work day at least the way I think of it is the moment you step out of your house. Although your hours don't start counting down until you clock-in, within legal terms since you're on your way to work, I think it should count as an "on the job" accident. However if you just finished your work day and you were heading home I don't think that would be covered. Of course i'm no lawyer but that's what makes sense to me. Basically what i'm getting at if you're looking for some kind of arguement if you want to contest is quite simply, part of your work day is actually driving to the workplace in order to work. Thus, if you weren't actually working that day(driving to work.) you wouldn't have had the accident and thus your work should count it as an "on the job" situation. Basically, because they should technically be at fault the moment you get into your car and start heading to your workplace. Hope this makes sense.
26 Jul 09
I don't really understand how the insurance companies look at the clause in their policy. I believe it is a clear cut case that it is only applicable for on the job accidents and within the time frame of the usual working hours. But there seems to be a valid argument if it is within the working hours but doesn't happened in your work place. There are many people who hold jobs on the field that requires much traveling and anything can happen outside the work place. Maybe we should shop for insurance that give more benefits to policy holders.
26 Jul 09
zhuhuifen46, First of all, you will need to check with your office administrations if the traveling passage to and from work is covered under the company's insurance. Also, you can check what your letter of acceptance from this company that you are working in states. Usually, it is stated if the company is insuring you with what type of insurance. If not, you will need to find out if it is a medical or accident or both type of insurance. Believe me, there is a difference. If there is an accident insurance then you will need to check its coverage to be sure of the specifics. Since you mention accident, there will also be a need to determine what type and nature of the accident. You will need to understand if you are driving to work or met with a motor accident where you are just a pedestrian or driving. If you are driving, then there will be the car insurance involved here. Even if you are a pedestrian, there will be insurance from the motor vehicle or public transport that you are in. However, having been to your country before and experience some accidents, I'd just want to give you a piece of advice and that is to have a personal comprehensive insurance which covers all forms of accident, medical cares and hospitalizations. I am putting this forward as an added safety precautionary measure where sometimes these other parties (most of the time) are under insured or not insured at all (sometimes) and these circumstances can really aggravate your losses and injuries. So, rather than loosing out and have the family suffer with the added burden of finances for your medical hospitalizations and treatments, I'd say that it would be better for you to pick up the phone and call your insurance company or agent now. Our life and today's cost of living is nothing compared to that fraction of amount to pay for added assurances and most of all a peace of mind for your love ones and yourself. Take care.
26 Jul 09
Thanks for your advices. In our country, companies usually arrange insurance for employees as per compulsary requirements of the government. If the inclusion is taken out, it would be much loss for employees, though nobody would like to be granted. Personally, I think it is not fair for those working with lots of trips.
26 Jul 09
zhuhuifen46, You are welcome. I do understand and if I may add: Aware of your country's laws, labor laws and insurance coverage of the companies assets and labor there. Yet, I must tell you that they are generally not the same in the coverages. So, be aware of the specifics in detail and not just go through the motion a.k.a. assume. It can be quite an expensive lesson at the end of the day. Take care.
13 Aug 09
Hello my friend zhuhuifen46 Ji, It happened with my son on this 27th April that he met with bike accident after he was returning from his Office, but he was never compensated for treatment Officiqally, as he was subscriber to his own accident plan, Insurance company paid partial payment and Office granted medical leave after Medical certificate was produced. But I find following site, where one may get more educated. However, it will differ among all countrys. http://home.netvigator.com/~cissylam/PI&FA.htm [b]"Lecture on Personal Injuries and Fatal Accidents Litigation Given on 4th December 1999, Hong Kong By Cissy K.S. Lam, Barrister"[/b] May God bless You and have a great time.