Fatigue-related accidents are an overlooked but widespread hazard in the modern workplace.
With long shifts, irregular hours, and demanding schedules, workers in many industries are at risk of drowsy driving. But if a fatigued driver is in an on-the-job accident, can they still claim workers’ compensation?
The answer depends on when, where, and why the accident occurred.
Understanding Workers’ Compensation and Work-Related Travel
Workers’ compensation is a no-fault insurance program that covers injuries sustained during the course and scope of employment. While injuries on the job site are clearly covered, the rules for driving-related injuries are more complex.
Generally, commuting to and from work is not covered. However, if a worker is driving as part of their job duties, any injuries they suffer during that travel may be compensable. This could involve anything from an accident while making deliveries to performing a service call.
This means that if fatigue from work-related duties causes someone to crash while driving on the job, they may have a valid workers’ comp claim. The key factor is whether they were acting within the scope of their employment at the time of the incident.
Fatigue as a Workplace Hazard
Driving fatigue is more than just feeling sleepy. It impairs a person’s judgment and slows their reaction time, increasing the risk of crashes. According to the National Safety Council, being awake for more than 20 hours at a time impairs performance as much as having a blood alcohol concentration of 0.08%. In industries known for long hours, like trucking and emergency services, workers often work long shifts, which heightens the risk of drowsy driving.
What About Accidents While Commuting?
In Ohio, the “coming and going” rule generally excludes standard commutes from workers’ comp coverage. This means if a worker is in a crash on the way to the office or headed home after a full day, these benefits may not be available.
However, exceptions exist, including:
- If they’re on a business trip
- If they’re driving a company vehicle
- If their job begins when you leave home
- If they’re running errands or transporting goods for their employer on the way in
If the fatigue that led to a car accident was caused by an unusually demanding work schedule and an injury victim is operating under one of these exceptions, they may still be able to file a claim.
Proving Fatigue
Employers and insurers may argue that fatigue is a personal health issue, not a workplace injury. To counter this, a claimant will need to demonstrate that their fatigue was work-related and that their accident occurred during the scope of employment.
Evidence that can support a claim includes:
- Work logs showing excessive hours or shift overlap
- Medical records diagnosing sleep deprivation
- Crash reports that list drowsiness as a contributing factor
- Eyewitness testimony or surveillance footage
- Expert testimony from medical or fatigue science professionals
While fatigue doesn’t leave the same visible evidence as a broken bone, it’s a legitimate medical and safety concern, and courts and workers’ comp boards increasingly recognize its role in causing workplace accidents.
Third-Party Liability and Fatigue-Related Crashes
In some cases, a worker may also have a third-party personal injury claim. For example, if another driver causes an accident while the victim was driving fatigued for work, you could be entitled to both workers’ compensation and damages from the at-fault driver’s insurance company.
Similarly, if defective vehicle equipment or unsafe road conditions contributed to the crash, additional parties may be liable. The right attorneys can advise on when this is an option.
What to Do After a Fatigue-Related Crash
If a person has been injured in a crash caused by fatigue, their priority should be medical attention. Document everything, including work hours, driving assignments, the conditions of the shift, and any level of alertness before the accident. Report the accident to the employer and file a workers’ compensation claim as soon as possible.
Also, consider consulting a workers’ comp attorney. They can help determine whether your fatigue was job-related and answer any questions you might have about the facts of your case.
Injured in an Accident While on the Clock? Let us Protect Your Rights
Accidents can happen when you least expect them, especially when you’re fatigued. If you were hurt in a crash while driving for work, you might be entitled to file a claim with the help of a workers’ compensation lawyer.
These cases can be complicated, and a successful claim is never guaranteed. That’s why it’s so important to rely on the guidance of experienced legal counsel. Contact Nurenberg Paris today for your free consultation.
