What Happens if You Get in a Car Accident While Working?
Have you been hurt in a car accident while on the job? Do you need help filing for workers’ comp benefits? Call James Koh to learn how to get started.
Injuries that occur on the job can happen to anyone. However, when your job involves driving a car, there are added risks and complexities. What happens to an employee responsible for a car accident that occurs in a work vehicle? Will they still be eligible for workers’ comp? Will they be liable for the damages to the car? What happens if the employer is driving?
In the sections below, our firm will answer these questions and provide resources for you to file a workers’ comp claim should you be involved in a car accident while on the job. If you have any questions along the way, we encourage you to call James Koh, workers’ compensation attorney, for a free consultation.
Understanding Compensation After An Auto Accident On The Job
Workers’ compensation is available to many employees with work-related injuries. Workers’ compensation benefits ensure that the employee’s medical bills are paid through the employer’s insurance and that the employee receives a portion of their wages while healing from their injuries.
When an employee is on the clock and sustains injuries in a car accident, they are entitled to workers’ compensation, subject to the scope of their job duties and the circumstances of the incident. Eligible employees can include professional drivers such as bus drivers or truck drivers or any employees who are expected to drive in order to perform their job duties.
Your Legal Options After A Car Accident At Work
Workers’ Compensation
Most injured employees will utilize the workers’ compensation system to get benefits after an injury. However, just because an employee may be entitled to workers’ compensation after a car accident, it doesn’t always mean it’s the most ideal option for seeking compensation for their injuries. This is especially so if the employer was responsible for the injuries themselves.
If an employee does decide to seek benefits through workers’ comp following a car accident at work, it’s crucial to hire a workers’ compensation lawyer. Because workers’ compensation will be awarded through the employer’s insurance, the employee may be under scrutiny by the insurance company. A lawyer can help you navigate this process.
Personal Injury Claim
In some cases, workers’ comp might be your only remedy. However, in other cases, it might be in your best interest to sue your employer in a personal injury lawsuit. For example, if the car crash resulted from intentional misconduct from your employer or if your injuries are due to the conduct of a third party, you might be entitled to sue.
Note that you may also file a personal injury suit against your employer if it’s found that they don’t have workers’ compensation insurance (which is required in the State of California).
If you’ve been injured in an accident at work, a workers’ compensation lawyer will not only be able to help you seek workers’ comp benefits should your claim be denied, but they can also communicate with insurance adjusters on your behalf and ensure that your claim won’t be denied in the first place. Contact James Koh and we’ll get started on your claim today.
When does workers’ comp apply in a car accident?
There are many factors that decide whether or not you are eligible for workers’ comp following a car accident. In general, however, employees who are injured in a car accident while working will be entitled to workers’ comp if:
- They are employees (not contract workers)
- They were working and physically in the vehicle at the time of the work-related car accident
- Their job demands that they drive or ride in a car to fulfill their work duties
- They were not breaking any laws when the accident took place
If these four factors are present, the employee will be eligible to file a workers’ comp claim. They will also be eligible regardless of whether the accident was caused by their employer, a third party, or even themselves.
Car Accident Benefits Through Workers’ Compensation Claim
Employees who are hurt in a work-related car accident can expect several types of benefits through California workers’ comp. Here are a few of the individual benefits offered through workers’ compensation and how they relate to employee car accidents:
- State Average Weekly Wage (SAWW): The benefits an injured worker receives from a car accident injury are often a percentage of their average weekly wage before the injury. To calculate the AWW, the earnings for the 52 weeks before the injury are typically considered. This includes wages, bonuses, and other forms of compensation. If the employee did not work the full 52 weeks or their wages fluctuated, a different method may be used to determine the AWW.
- Temporary Disability Benefits: If the car accident results in temporary disability, meaning the worker is unable to work while recovering, they may be eligible for temporary disability benefits. In California, temporary disability benefits are typically calculated at two-thirds (66.67%) of the workers AWW, subject to maximum and minimum limits set by state law. These benefits are paid bi-weekly and are intended to replace a portion of the wages lost during the recovery period.
- Permanent Disability Benefits: If the car accident results in a permanent disability, the worker may be entitled to permanent disability benefits. The amount of permanent disability benefits is determined based on the nature and extent of the disability, as well as other factors such as age and occupation. In California, permanent disability benefits are typically calculated based on a disability rating assigned by a qualified medical evaluator (QME) or agreed upon by the parties involved.
As you can see above, your workers’ comp benefits apply to your medical expenses and your missed wages. It doesn’t cover pain and suffering or damage to your vehicle in an accident. However, your personal car insurance will likely cover some or all of the damage to your car in a work-related accident, and it should have little effect on your premiums as long the accident was your employer’s fault or the fault of a third party.
What To Do After A Car Accident At Work
As with any other car accident, if you’ve been involved in a car accident while on the job, the very first thing you should do is check yourself and the other drivers for injuries and move your (or your employer’s) car to a safe location.
If you have sustained any injuries, even if they seem minimal, seek immediate medical attention. Having medical records that corroborate that you followed all of the necessary filing steps will be crucial to your claim.
When you get to the hospital or medical center, tell the receiving medical professional that you’re there due to a work injury. Once you’ve done this, the next step will be to notify your employer of the injury. This should also be done as soon as possible. Your claim will start from the moment you notify your employer and your benefits will be awarded based on this schedule.
If your injury was caused due to a car accident in a company vehicle, you may be concerned about notifying your employer and what that will mean for you in terms of liability for the damage to the vehicle. In most cases, your employer’s insurance will cover this damage, you won’t be held liable. This is assuming that you didn’t break any laws when the car accident occurred, (such as driving under the influence or reckless driving) and you were using the company vehicle specifically for work.
Talk to an attorney about your car accident at work.
Apart from the devastating and often life-threatening injuries associated with car accidents, many of our clients find that the most frustrating thing about being injured at work is not being able to provide for themselves or their families due to the severity of their condition. The overwhelming majority of workers injured on a job want nothing more than the opportunity to treat their injuries and return to work, but many times they find themselves in a constant battle with employers and their insurance companies preventing them from seeing the compensation they deserve and desperately need.
If you’re experiencing hardship due to a workplace injury, you don’t have to deal with it alone. James Koh will communicate with employers, and insurance companies on your behalf and make sure that you’re able to receive the proper benefits you deserve. Call us and tell us what we can do to help.
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If you or a loved one have been injured on the job, please contact us to assist you with your workers’ compensation and personal injury claims
