When it comes to non-work-related car accidents, the liability falls on the people involved in the accident. When a work-related car accident occurs, liability gets a little more complicated. If the accident was caused by the driver on the job, their company is often included in the blame. This is because working drivers are often subjected to circumstances by their company that put them at a disadvantage. This could include a lack of training, having to drive too long of hours (driver fatigue), poor maintenance of the company vehicle, drunk or distracted driving, the list goes on. This blog will address the modest commonly asked questions about work-related car accidents.
Can I File A Workers’ Compensation Claim After A Work-Related Car Accident?
Yes. If you were involved in an accident on the job where a third party is responsible, filing a claim and receiving workers’ compensation is within your rights. Workers’ compensation should allow you to receive compensation for both physical and emotional damages, as well as your salary while you’re taking the time to recover. If you’re wondering about your state’s workers’ compensation process, you can ask questions to your direct officials. You can find their contact information here.
Can I File a Workers’ Compensation Claim If I Was Involved In An Accident On My Commute to Work?
In general, this isn’t something you can do. Because you weren’t technically on the clock, it doesn’t involve the scope of your employment and would be very difficult to justify workers’ compensation. This also applies to your drive home, your lunch breaks, or any unpaid driving you may be doing.
What Do I Need To Do After a Work-Related Car Accident?
After you’re involved in a work-related car accident, getting the ball rolling as soon as possible is important for your case. Once you’re able to, do the following things:
- Notify your employer of the accident.
- Seek medical attention (and the paperwork that comes with it).
- Make a police report and detail all the events of the accidents (photos are helpful for this).
- File a workers’ compensation claim – every state has its own statute of limitations, so be aware of your state’s filing deadlines.
- Speak with a workers’ compensation attorney like those at May Lightfoot PLLC before agreeing on a settlement.
When Is My Employer Liable For My Car Accident Damages?
Although much of it is circumstantial, regardless if you were negligent or not, your employer may be as liable as you for damages done to yourself, your property, or another person. Some situations that may result in your employer having vicarious liability include:
- You were on the clock when the accident took place
- You were driving as part of a work-related task
- You were driving at the benefit of your employer
- You were asked to drive by your employer
Essentially, if you were behind the wheel at the behest of your employer, chances are that they have vicarious liability for your accident. Furthermore, in some situations, an employer can be held liable for your own injuries, even if the accident turned out to be your fault. If you were injured, it is possible to file a workers’ compensation claim and seek damages from your employer’s insurance.
When Is My Employer Not Liable For My Car Accident Damages?
Nevertheless, there are also situations in which your employer cannot be held liable for an accident, even if it happened during a work day. Some examples include:
- If you’re running a personal errand while on the clock
- Commuting to and from your job
- Anything that isn’t related to work.
If you are in an accident and were not performing some kind of work-related task, it is unlikely that you will be able to successfully hold an employer accountable. In this type of accident situation, the car accident attorneys at Shaw Cowart believe it’s your best bet to reach out to a car accident lawyer rather than an employer to seek the compensation you feel you deserve.