If your job requires you to drive as part of your work responsibilities, car accidents are an occupational hazard of your role. The damages that result from a work-related car accident should be covered by your company’s workers’ compensation insurance. In addition to those workers’ compensation benefits, you may be able to recover additional compensation through a separate personal injury claim.
Workers’ compensation claims do not rely on a fault system, so employees do not have to prove the liability of their employer or another driver in order to recover benefits. As long as a collision occurred in a work setting, you should be entitled to workers’ compensation benefits.
A personal injury case, although related to a work injury, will be separate from your workers’ compensation claim. It will play out as a typical car accident case does, with little consideration that the collision was work-related.
The process of recovering compensation will depend on the negligence laws in your state, and whether or not you were driving a company car. In a no fault state, you will need to file a claim with your own insurance provider. If you were driving a car that is owned by your employer, your ability to recover benefits will depend on if your policy covers you when driving someone else’s car. In an at fault sate, recovering compensation will involve negotiations with the other driver’s insurance company. You will need to prove their liability in order to receive benefits. Your use of a company car should have less of an effect in these situations, because you are pursuing coverage from an insurance provider other than your own.
Bryan Caulfield represents people who have been injured in car accidents and work-related incidents, and understands how the two practice areas intersect. Contact us for a free evaluation of your injury case.
To schedule your no-cost consultation, complete our information form or call (727) 308-6060.