Work Automobile Injury Compensation Lawyers
Most people commonly associate injuries from car accidents with personal vehicle usage. While it is true that people are more prone to injuries when using their vehicles for personal reasons, it is important to note that accidents can also happen when cars or trucks are employed for business purposes.
Generally, workers’ compensation does not cover automobile accidents that take place while commuting to or from the workplace, but there are a couple of exceptions.
Work Vehicle Injury: Who is Responsible and Who Pays?
In the event of a work vehicle accident, determining responsibility and financial liability can depend on various factors. Here are some general guidelines:
- Employee at fault, using the personal vehicle: If an employee causes an accident while using their personal vehicle for work purposes, the employee is typically considered responsible for the accident. In this case, the employee’s personal auto insurance would be responsible for covering the damages.
- Employee at fault, using company vehicle: If an employee causes an accident while using a company-owned vehicle, the responsibility may lie with both the employee and the employer. The employee’s actions may be considered negligent, but the employer may also be held liable under the legal principle of “vicarious liability” or if there was negligence in providing proper maintenance or training for the vehicle. The employer’s commercial auto insurance policy usually covers damages in such situations.
- Third-party at fault: If the accident is caused by a third-party driver, such as another motorist, their insurance would generally be responsible for covering the damages.
- Employer negligence: In some cases, if the accident occurred due to the employer’s negligence, such as inadequate vehicle maintenance or failure to provide proper training, the employer may be held directly responsible for the damages.
When a vehicle is utilized for work-related tasks, the injuries that can occur are similar to those sustained in any car accident. Surprisingly, a significant number of injuries are caused by incidents involving the closing of a vehicle’s door. However, injuries caused by the negligence of another party tend to be the most severe.
For instance, sudden stops due to another car abruptly swerving into the path of a vehicle can lead to whiplash or spinal injuries. The following are the most common types of automobile-related injuries resulting from car accidents:
- Neck injuries
- Broken bones
- Leg and knee injuries
- Injuries related to the spine
When Can An Employee Seek Workers’ Compensation for Work Automobile Accidents?
Employees can seek workers’ compensation for work automobile accidents under certain circumstances. Here are some situations where an employee may be eligible to claim workers’ compensation:
- On-the-job accidents: If an employee gets injured in an automobile accident while performing work-related duties, such as making deliveries or traveling for business purposes, they may be eligible for workers’ compensation benefits. This applies whether the accident occurs in a company-owned vehicle or the employee’s personal vehicle.
- Required vehicle usage: If an employee is required by their employer to use their personal vehicle for work-related tasks, such as running errands or attending meetings, and they sustain injuries in an accident during those activities, they may be able to seek workers’ compensation.
- Exceptions to the “coming and going” rule: Generally, injuries that occur during the employee’s commute to and from work are not covered by workers’ compensation. However, there are exceptions. If the employee is on a special mission for the employer, such as picking up supplies or traveling to a client’s location, they may be eligible for workers’ compensation if an accident happens during this commute.
How To Proceed In Case of Work Automobile Injury
In the event of a work-related auto accident, it is crucial to prioritize seeking medical attention as the first step. This is especially important when dealing with head injuries, potential spinal cord injuries, bone fractures, loss of consciousness, sensation, or significant bleeding.
If possible, gather important information such as witness details, license plate numbers of other involved vehicles, and insurance information of the parties involved.
Promptly report the incident to your employer to ensure proper documentation within the company’s records. When the other driver bears the primary responsibility for the accident, obtaining workers’ compensation benefits is usually more straightforward. However, it may still be possible to file a claim even if you share some degree of responsibility.
There are cases where employers can be held liable for work-related injuries caused by auto accidents. This may occur if they neglected to inspect or maintain work vehicles, failed to provide adequate training for specific vehicle types used for work, or if the vehicle lacked necessary safety features.
If employer negligence contributed to an accident involving a company vehicle, it might be possible to seek compensation for pain and suffering, lost wages, medical expenses, and ongoing care, including physical therapy and other necessary medical procedures.
As the coverage of auto injuries related to work-related accidents under workers’ compensation can sometimes be complex, it is advisable to consult with an attorney for guidance on the appropriate course of action.
Why Hire Pacific Attorney Group for Work Automobile Injuries?
Hiring Pacific Attorney Group, a law firm specializing in work automobile injuries, can provide several benefits and reasons for seeking our expertise:
- Experience and Expertise: Pacific Attorney Group has a specific focus on work automobile injuries, meaning they possess extensive experience and expertise in handling cases related to these types of accidents. Our specialized knowledge allows us to navigate the complexities of workers’ compensation laws and insurance claims effectively.
- Legal Guidance: Dealing with work automobile injuries can be challenging, especially when it comes to understanding your rights, filing claims, and pursuing compensation. We can provide essential legal guidance throughout the process, ensuring that you have a clear understanding of your options and the necessary steps to take.
- Maximizing Compensation: The attorneys at Pacific Attorney Group are dedicated to fighting for the maximum compensation you deserve. They will carefully evaluate your case, gather evidence, and build a strong legal strategy to help you obtain the best possible outcome. Our goal is to ensure that you receive adequate compensation for medical expenses, lost wages, pain and suffering, and any other damages resulting from the accident.
- Handling Insurance Companies: Dealing with insurance companies can be challenging and overwhelming. Pacific Attorney Group can handle communications and negotiations with insurance companies on your behalf. We have experience in dealing with insurance adjusters and can work to protect your rights and interests while pursuing a fair settlement.
- Peace of Mind: Hiring Pacific Attorney Group provides peace of mind, knowing that your case is in the hands of legal professionals who are dedicated to advocating for your rights. We will handle the legal complexities, paperwork, and deadlines, allowing you to focus on your recovery and well-being.
Get in touch with the Pacific Attorney Group now!