It seems to be common sense that if you are on the job and injured in a car or truck wreck that happens because you passed out, blacked out, had a heart attack, brain aneurysm, seizure, or some other unknown condition, it would not be the employer’s fault and they would not be responsible for your injuries at all.
This article is here to tell you that this assumption would be wrong. In Virginia, if your job requires you to drive a car or a truck, and for some medical reason, you pass out, black out or otherwise lose control of the vehicle and your loss of consciousness causes the wreck, this is something that the employer is responsible for and you would be entitled to benefits under Virginia Workers Compensation. The reason is that if you had passed out or blacked out at home, it is quite likely that the result may have been simply a bump on the head, or a trip to the emergency room; however, because your job required you to drive down the road at high speeds in a multi-ton vehicle, and exposes you to much more serious injury, this puts you at an increased risk of much more severe injury if you do, in fact pass out, black out, etc.
Accordingly, if an accident happens while you are driving a truck or car for your employer, and you pass out, suffer a seizure, or have a heart attack or any other medical condition which causes you to lose consciousness and as a result lose control of the vehicle, and you are in an accident, you have a good case.
The one thing to watch out for: Your doctor must support the notion that whatever happened to you or caused you to pass out, this condition caused you to temporarily lose consciousness and therefore lose control of the vehicle and get in the wreck. It cannot be a “possibly caused.” It has to be a “probably caused.” If you do not have the doctor’s statement, you will not have a good case.
You should be aware that at first glance, this is not something that makes sense to most people, and that the workers compensation adjuster may not be familiar with the law on this subject. He or she may try to tell you that you do not have a claim. We want you to know that this statement is wrong, and if you are told this, it is either being done out of deception or ignorance.
If you have suffered a work injury because you blacked out while driving a car or a truck, please do not hesitate to call us toll-free at 888-694-1671 or fill out the online form. Attorney Joe Miller at the Work Injury Center has been representing injured workers in Virginia for over 27 years, and stands ready to assist you with your workers compensation claim. Please give us a call!