Question from a reader:
I was rear-ended while driving home from work. The other party is 10% at fault, but they are not enrolled in voluntary insurance, and their compulsory insurance status is unknown. I have hired a lawyer and am currently on leave. My company has said they will apply workers’ compensation insurance, but I received a sudden request to
come to work for half a day tomorrow. If I go to work partway through, will my insurance or workers’ compensation still apply? I would appreciate your guidance.

Considerations on Workers’ Compensation Insurance and Work After a Rear-End Collision

Hello everyone. Today, I would like to share a somewhat startling personal experience. Car accidents, especially rear-end collisions, can be very anxiety-inducing, and many people may wonder how to handle the aftermath. This time, I will discuss the case of someone who was rear-ended while returning home from work, focusing on the application of workers’ compensation insurance and points related to returning to work.

The Situation of the Accident and Subsequent Response

First, let’s talk a bit about the situation of the accident. I still remember the sudden shock while driving with a tired body after work. The heart-stopping moment of being rear-ended is etched in my memory. The other party is 10% at fault, but their lack of voluntary insurance raises concerns about what will happen next. This brings to mind the topic of workers’ compensation insurance. My company told me, “Don’t worry, we will apply workers’ compensation insurance, so just take your time off.” However, when I suddenly received a message saying, “Please come to work for half a day tomorrow,” I began to wonder if this would affect my workers’ compensation insurance.

Conditions for Applying Workers’ Compensation Insurance

Now, regarding workers’ compensation insurance, it is generally applicable to accidents or illnesses that occur during work. In other words, if you are involved in an accident while working, workers’ compensation insurance will apply. However, it is important to note that accidents that occur “outside of work” are not covered. For example, if you are instructed by your company to come to work and you have an accident on the way, there is a possibility that workers’ compensation will apply. However, the anxiety we often feel about “Is it really okay?” stems precisely from this aspect.

The Impact of Partial Attendance

Now, the key point here is about “partial attendance.” If you are in a situation where you are receiving workers’ compensation insurance after the accident, even if you are called to work by your company, an accident that occurs during your commute would still be covered by workers’ compensation. However, caution is necessary if you choose to go to work on your own accord and push yourself to do so. Especially if it has been clearly stated through your lawyer that you are on leave, you should prioritize your health above all else, regardless of whether there is a directive from your company.

Collaboration with Your Lawyer

Additionally, since you have hired a lawyer after the accident, it is important to maintain good communication with them. They are legal professionals who can provide the best advice based on your situation regarding the accident. For example, be sure to confirm whether “attending work at this time will affect future insurance claims.” I have also been helped by a lawyer in the past during an accident. They can analyze the situation calmly from a legal perspective, which is incredibly reassuring. While the stress after an accident can be overwhelming, entrusting matters to them can lighten your burden a bit.

Organizing Your Feelings and Future Considerations

Now, organizing your feelings after the accident is also crucial. Along with physical pain, the mental damage cannot be ignored. After my accident, I was left with a strong feeling of “I’m scared to drive again.” However, little by little, I encouraged myself and began training to go out again. When you receive a request to come to work, it is important to prioritize your physical condition and feelings, ensuring you create an environment where you can work without overexerting yourself. You may worry, “Will my coming to work inconvenience my coworkers?” but your health is the most important thing. Your colleagues will likely understand this.

Conclusion

Dealing with the aftermath of an accident is truly challenging. However, it is essential to understand your rights regarding the application of workers’ compensation insurance and the possibility of returning to work, and to carry out the necessary procedures. If you have any uncertainties, I recommend consulting with a professional without hesitation. Finally, while it’s understandable to feel down due to the impact of the accident, let’s gradually look forward. It’s important to take care of yourself as you go through each day. I hope this article can be of some help to you while wishing for your health and safety.