Workers' Compensation

What to do When Your Employee is Involved in an Auto Accident

Brenda Scalf
What to do after an employee auto accident
Reading time 3 Mins
Published on Sep 6
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Accidents can happen. Here’s steps you need to take and how Sheakley can help your business if one of your employees is involved in an auto accident.

 

It’s important to make sure that your employee contacts the police even if there are no injuries reported, and here’s why:

  • Even if your employee indicates that he/she is not injured and does not need to seek treatment, after a few days, he/she may be sore from the accident and choose to seek treatment and a claim will be filed
  • Having a Crash Report or Police record of the accident can benefit your workers’ compensation program
  • If a 3rd party was at fault for the accident, a request can be made to the BWC to allocate all of the claims costs to the surplus fund, which means that the claim will not impact your rates

Non-At-Fault Motor Vehicle Accident Claims – Surplus Fund Charge

As of 7/1/2017, any claim in which a 3rd party was at fault for the accident, an application can be filed with BWC to request that all of the claims costs be charged to the surplus fund, which will not impact the employer’s rates.

How does this benefit your company?

  • Your employee is able to receive any necessary and appropriate treatment as well as compensation, if applicable, for the injury that resulted from the motor vehicle accident
  • Your rates will not be impacted due to the claim.

Who is eligible?

  • Private state-fund employer
  • Public taxing district employer

What is required?

  • Active coverage on date of injury
  • Current on all payments due to BWC
  • Current on any part-pay agreement

How do you apply?

  • Once your Sheakley Team identifies that the claim is eligible, we will automatically start gathering the required documentation for the application
  • If we need additional information, we will contact you directly for your assistance
  • Items that are required with the application (AC-28)
    • Police Crash Report
    • Proof that the third party was responsible for the accident
    • Proof that the third party was issued a citation
    • If no citation was issued, proof that the third party was primarily liable for the motor vehicle accident (effective 9/13/18)
    • Proof that the third party has valid insurance or the employer’s policy covers the claim under the uninsured or underinsured motorist coverage

Once all of the required documents are received, our Subrogation Specialist will file the required application (AC-28) on behalf of the employer.

  • Within 180 days, BWC will issue an approval or denial letter directly to the employer
    • Please forward a copy to our office at [email protected] in order for us to confirm that the costs are not charged to your policy
  • If the BWC does deny the application, Sheakley can file the appeal and attend the hearing before the Actuarial Committee on your behalf

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