Did you have a car accident while you were working?
Many people consider workplace accidents to be just events that occur in the work area, but if a person suffers an accident while driving a car during work hours it is also considered a workplace accident and you are eligible to seek compensation that covers the expenses of your medical treatment and damages. to your property
Especially in particular cases when the employer orders an employee to make trips to deliver company products or make transfers to another company substitute. These cases apply to apply for workers’ compensation.
If you use your car or truck as a primary tool for a living, because you don’t have an office of your own, then in the case of suffering a traffic accident you have many advantages and options to start a legal process to ask for compensation.
When an employee signs the contract usually also signs an employment agreement in which employees make a brief description specifying the time in which they go from work to home and vice versa and the means of transportation used to make the transfer routes, this document serves as an insurance that compensates workers for any type of incident that occurs during the road between home and the office, which gives them the right to receive compensation if they suffer an accident during that course.
However, if a worker does not receive any compensation for any accident that may have occurred during the time it takes the worker to get home to work, but nevertheless has an order that requires him to drive a vehicle and this results in a workplace accident, you have the right to demand workers’ compensation.
Do You Need a Personal Injury Attorney?
If you have been involved in a car accident while performing an order or transportation for your employer, then this is considered a workplace accident and consulting with an attorney is a wise decision that will help you get out of any obstacles that may prevent you from getting the compensation you deserve.
Attorney Contigo can explain what work liability rules apply to your case, including coverage in case of injuries.
Call Attorney with You for a free consultation at 866.984.7098 or contact us online. Learn about what to do after a car accident.
Civil lawsuit versus compensation claims
Compensation for injured workers should include reimbursement for your medical expenses and all out-of-pocket expenses, as well as a portion of your lost wages.
If the worker did not cause the accident by irresponsible behavior, you can also file a lawsuit against the other driver, or the car insurance company that protected you, this is considered a civil lawsuit.
What is vicarious responsibility?
Vicarious liability is liability that falls on a subject in the event that he fails to pay a debt made to a third party. Since it is impossible for the worker to collect compensation in case of fatality, the obligation is transferred to those who have outstanding debts with their employer.
If after the accident the worker dies, the Office of Workers’ Compensation Programs is responsible for applying all rules pertinent to the case and to the dependants of the deceased.
When does employer liability arise?
Workers’ compensation is a set of rules that are part of U.S. law, so all workers must be informed about it and maintain compliance.
The possibility of an accident at work is an uncertain fact, but variable since some jobs involve greater risk than others, it all depends on the task to be performed and the type of work in question.
Although these laws have been created to compensate workers injured while in the line of duty, it also promotes the protection of employers and co-workers from liability, eliminating the liability of colleagues, limiting the amount of money that can be demanded from an employer.
State laws regulate these types of compensation; However, there are also federal regulations that have the duty to standardize jobs that are considered interstate commerce.
The federal Workers’ Compensation Act is in charge of covering federal workers. Compensation is obtained only in case of incapacity or death while performing the work, but this is an exception in respect of accidents at work caused by a state of intoxication or when the accident is deliberately caused by the person concerned.
The federal Employers’ Liability Act places great emphasis on railroad companies engaged in “interstate” commerce, and declares that they are liable for any accidents caused to workers.
Should I let the insurance company determine the amount of compensation?
An injured employee is responsible for reporting an injury that occurred in the workplace to their employer in order to obtain workers’ compensation.
It is often a complicated process where several things can go wrong and the injured worker may end up getting insufficient workers’ compensation with “benefits too low.
Here are five common mistakes you shouldn’t make if you plan to pursue a workers’ compensation claim:
Not Hiring an Experienced Compensation Attorney
You will benefit greatly from having the help of a workers’ compensation attorney; This will make the process much easier for you.
You should report the injuries sustained in the accident to your employer in writing, as soon as possible, this is crucial. Be sure to follow the policies established by the company to report and respond to cases of workplace accidents.
If there is no employment policy, write a detailed report on how it happened. Provide all required evidence to your supervisor, your company’s human resources department, and also the company’s healthcare provider.
What happens when you don’t file an accurate and timely lawsuit?
Workers’ compensation claims always begin by submitting a form that must be complete and accurate. It must also occur within a certain period of time after the time the injury occurs.
A late petition may prevent you from receiving compensation benefits. Like submitting an incomplete or inaccurate form can lead to application rejection that delays benefits.
One of the many services that Abogado Contigo can assure you is that your claim for benefits is correctly formulated and resolved in a timely manner.
Failure to explain your injury in detail to health care providers is a fact that can bring you complications because your compensation benefits are based on your medical records as well as the accident report that is made at your workplace.
Do not follow your doctor’s instructions.
Compensation benefits are intended to help injured workers during their recovery. If you are seen as irresponsible during the recovery process, your benefits may be denied or interrupted.
It is very important to be punctual with all medical appointments and follow the doctor’s recommendations.
If you disagree with the doctor’s instructions (or your own doctor disagrees), there are other alternatives that an attorney at the Contigo Law Firm can help you take.
In the meantime, you have to do what the doctor in charge of your claim tells you to.
Special liability rules applicable to the use of vehicles
Under the “back and forth” rule, employers are not responsible for car accidents that employees may suffer during non-business hours.