Employer Liability and Car Accident Cases

According to the Bureau of Labor Statistics, approximately 35% of all work-related fatalities in the United States are associated with motor vehicles. Thousands of American workers die each year in work-related crashes. Hundreds of thousands of workers also receive injuries in these accidents every year. Accidents happen to company drivers, delivery crews and others who either drive for their company or who were sent out on errands for the company.

Those who become injured during the course of worker duties are supposed to be covered by their employer’s Workers’ Compensation insurance. For some people, getting those benefits is difficult, especially when an employer does not have the proper insurance coverage. Disputes also may arise over whether the employer was liable for the worker’s accident injuries. For many, the problem is only resolved when they get help from an experienced California Car Accident Lawyer.

California Car Accident Lawyer

When you are injured and believe or know that your accident is related to your employment duties, a California Car Accident Lawyer can help you sort out the facts, make application for benefits and help you get the fair compensation you deserve. For some cases, this means filing simple forms, while in other cases the end result is only reached after civil litigation.

Car Accidents & Employer Liability

Employers in California are liable for accident injuries and deaths that occur while their employees are performing work-related duties. The transportation industry has the highest numbers of work injuries nationwide, in part due to the constant travel required by workers and delivery crews.

Other injuries occur when an employer has a worker run errands for them or do other tasks outside the workplace that involve car travel. In addition to covering their own workers, an employer may be liable for non-worker injuries and damage that occurs if their worker causes an accident that harms someone else.

Employers are liable for worker injuries that occur in these types of car accidents:

  • Making deliveries
  • Company drivers
  • Transporting other workers
  • Running errands for the employer

An employer may also bear responsibility for worker car accidents if the employee does not have a regular office and travels to perform the job. In general, employers are not liable for car accidents workers get into on the way to or from the workplace. An exception could be found in cases where the employer pays the employee for their time traveling to and from work.

Worker Car Accident Injuries

If you are injured during work activities, you may be eligible for general medical expenses but not pain and suffering. If you need to pursue compensation for that or for damage to your own vehicle, you can file a personal injury civil lawsuit. Most employer insurance coverage includes compensation for medical costs and work loss. Car accidents can result in extensive physical harm, with very high and long-lasting medical care required.

  • Emergency medical treatment
  • Doctor, Nurse, Dentist, Hospital and other personnel care
  • Therapy – for rehabilitation, mental or emotional therapy
  • Special Equipment – beds, wheelchairs and other items needed while you recover
  • Long Term Care – nursing home, home care and other medical services needed in the future
  • Work Loss – income and more
  • Wrongful Death – Survivor benefits may be sought if you die in a work related accident

If you are disabled temporarily or permanently, there may be other costs and benefits related to this accident. Some are covered under Workers’ Compensation, while others may be included in government insurance programs like Social Security Disability. Your Californian Car Accidents Lawyer can help you make applications for the various programs to obtain the benefits you are due. There are time limits for filing claims and responses, and if you are denied, they can help you with the appeals process.

Receiving Benefits

To receive your due benefits in a timely manner, you must comply with all requirements for filing claims on time. For some benefits, you may have years, but in most cases of work related injuries, you are required to make your report to an employer within one day, and report other issues within a very short period of time. Employers also have time limits for their responses and approvals or denials of your claim. An experienced California Car Accident Lawyer already knows the current laws that apply to this situation; they can help you meet all required time limits for filing claims or pursuing a civil lawsuit.

Employer Liability

Your employer is liable for injuries you receive while at work or on work related duties. They are required to carry Workers’ Compensation insurance that helps you deal with the financial problems that occur following injury or death from car accidents. You need to make a timely application for benefits and your employer also must respond to your claim report in a timely manner.

Although your employer bears this responsibility, you also are expected to behave responsibly when you are traveling or doing other work for your employer outside the workplace. Avoiding accidents is also your responsibility. If you are texting while driving or otherwise are distracted from paying attention and then get into an accident causing injuries, you may not be able to receive benefits.

After the Accident

The goal of all compensation programs is to help you offset unexpected costs for medical care and recovery, and to get you back to work and your normal lifestyle as quickly as possible. You may be able to get workers’ Compensation benefits and still file a civil claim for more against your employer. You may decide to file a civil claim against the other driver who was involved in the car accident.

Recovery from car accidents that happen on the job can be made smoother when you have accurate and honest legal advice and representation from an experienced California Car Accidents Lawyer. Contact this professional immediately, so you have all the information and direction you need to recover from this life interruption.

Citations