Q: I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?
the boss is denying he told me to take the equipment, as I said I get paid mileage and once I have been driving for 1 hour my regular rate of pay starts, the auto accident was a roll over accident where I was ejected from the vehicle at 70 mph, I had to be med flighted to a hospital in boston, the injuries were extensive and severe including a broken neck in 2 spots(I crushed c1 and c2)broken leg, ankle, wrist, an object in the vehicle went through the back of my leg and pushed my knee cap out of my body breaking the knee cap into 3 pieces, a severe concusion that resulted in loss of memory, a extremely deep laceration on my left leg that will take years to heal, due to the trauma of the accident blood clots developed in my leg and lungs which an ivc filter had to put in my groin, I also had surgery on my shoulder, I tore my bicept which metal had to be put in.
Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you should be entitled to workers compensation benefits.
I encourage you to speak with an experienced WC attorney. These claims are very fact driven and you will need to explain the details your scenario to an attorney who can decide if you are able to file a claim for WC benefits.
You should absolutely discuss this with an attorney due to the extreme nature of your injuries and the extent of your injuries. You should fully investigate obtaining any benefits you are entitled to. Best of luck
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