If you are involved in a work-related car accident, you probably have the following questions in mind:
- Does any claim I make fall under workers’ compensation, or is it labeled vicarious liability?
- What exactly does work-related mean in reference to a car accident?
- Can I sue my company in the event I am injured in a vehicle accident while at work?
Many employees run errands for their employers on any given day. And, while as an employee, you are using your own car and have your own insurance or using the company’s car, if you are in an accident, even if you are at fault, some liability may fall to your employer.
If you or a loved one was injured in a work-related car accident, contact an experienced workers’ compensation lawyer to receive the compensation you deserve!
Errands for Work in Your Personal Vehicle
If your employer reimburses you for mileage, you are obviously acting within the scope of your employment, but what if you were simply running an errand, like dropping the company mail at the post office? Business errands, just like other acts you perform on behalf of your employer, are nearly always considered acting within the scope of employment. Why? Because acting in the scope of employment means your employer benefits from your activity, even if it is just dropping off the mail. You are still on the job even if you are using your personal vehicle.
Now, if you stop at the post office, and then head elsewhere, you are no longer on the job, which means your employer won’t be liable should you have an accident. Similarly, if you are in an accident traveling to or from work, your employer typically isn’t liable. The exception comes if, as a part of your employment, you make sales calls, inspect onsite projects, pick up orders, or perform other business functions, and are in an accident, your employer may be liable.
If you have a unique case and are unsure if you qualify for worker compensation benefits, contact WorkInjuryRights.Com™ for a free consultation.
Vicarious Liability
Vicarious liability is applicable when one entity is liable for damages caused by the negligence of another. In this case, the liability is on the employee when the employee is acting in the scope of his or her employment, i.e., while working or traveling for work. The principle includes responsibility for vehicle accidents resulting from employee negligence while using personal vehicles for business activities.
Vicarious liability allows victims to sue employers for injuries and damages caused by their employees while working. For example, if you’re running an errand for your employee and cause an accident, the victim can sue your employer which is generally more lucrative than suing you.
Vicarious liability means your company is liable even if the incident happened outside of the normal work environment. While it sounds simple, determining if you were truly “on the job” is the key which is often answered by determining if your employer benefits from your activities.
If you are unsure if your accident was “on the job,” please contact our attorneys for a complimentary case evaluation.
Does Your Car Insurance have a Role?
You may be wondering if your car insurance plays a role in an accident that occurs while you are working. The answer is yes, in most cases. Your car insurance will likely cover injuries and damages, but in some cases, where there are multiple victims or expensive vehicles involved, your coverage is not enough.
If this occurs, the victims’ judgments would fall to your employer and his or her vicarious liability. If your employer is regularly calling on employees to use their personal vehicles for work-related activities, they might consider adding those employees to the company car insurance coverage to help in this scenario. Even so, your personal coverage would still be primary, and then the employer’s coverage would kick in if your coverage falls short.
To get the compensation you deserve, you should contact an experienced lawyer who will fight for your rights. Insurance companies won’t fight to get the compensation you deserve for your injuries.
What Type of Benefits Can I Collect After Being In A Crash While Driving For Work?
Workers are only able to receive compensation for injuries that occurred while performing tasks related to their job. If you were injured in a car accident while driving or riding in a vehicle for work-related purposes, then you may be able to collect Workers’ Compensation benefits. But first, you need to prove that you were performing some sort of action related to your job including:
- Driving for business purposes.
- Making a delivery.
- Traveling for a reason you are being compensated for.
- Going from one worksite to another.
Simply going to or from work does not count. If you fit the criteria, you can receive benefits for your medical bills, lost wages, and more, contact Work Injury Rights attorneys for a complimentary consultation today.
Do I Have a Personal Injury Claim or a Workers’ Comp Claim If I Got Into a Crash While Driving on the Job?
Filing more than one type of claim can get difficult. Although filing a personal injury claim may increase the compensation you could recover for your injury, it can be quite difficult to file a personal injury claim and pursue a Workers’ Compensation insurance claim at the same time. In most cases, we will advise you to ‘pick a battle’ and stick with it. However, if we think that your case is stronger in one particular area, we will inform you. Contact us today, so we can provide you with specific insight into your case.
Does an Accident in a Work Vehicle Affect Personal Insurance?
Yes, your car insurance will likely be impacted. It will cover injuries and damages but often, that coverage just is not going to be enough. This is why so many companies get company cars because they are able to control some of the money and prevent serious injuries from happening. However, in any case, your personal coverage is still the primary coverage used.
To get the compensation you deserve, you need to talk to a lawyer who can help you to figure out the best course of action to take so that your personal insurance is not impacted, and you get to move on with your life. Contact Work Injury Rights today for a free case evaluation.
What if I Was at Fault for the Work-Related Car Accident?
Accidents happen. If you are at fault for your work-related car accident, you should still receive Workers’ Compensation benefits. However, you may face a few more hurdles depending on the details surrounding the case. You do not need to prove that one party or another is liable in order to receive benefits in many situations. For more information about your specific case, please reach out and schedule a free consultation with one of our Work Injury Rights attorneys.
What if You Are Injured? Call Work Injury Rights Today!
What happens if you are injured in an accident while driving your personal vehicle for work-related activities? In most instances, your vehicle insurance would pay for your injuries up to the amount of coverage you have in place, then workers’ compensation would pay for further injuries or lost wages up to the allowed maximum.
For a worker’s compensation claim, there is no need to prove “fault,” as you can, in most cases, collect workers’ compensation benefits even if you are at fault. Of course, you must have been driving as a result of a work-related activity and you must not have been driving under the influence.
If you were not at fault in the vehicle accident which occurred while you performed work-related activities, you should file a workers’ compensation claim with your employer as well as a personal injury against the driver who was at fault in the accident.
If you need legal advice as a result of a car accident during work, call on the expert legal team at Work Injury Rights. We have offices throughout Florida and offer FREE consultations for you. The team at Work Injury Rights is ready to help you, with personalized representation, to get the compensation you deserve, so call 954-833-5226 today!
