What Should I Do If I’ve Been in a Car Accident on the Job?
December 11, 2018

Hundreds of thousands of car accidents happen every day, and most Americans have at least an idea of what to do after an accident with another private driver. However, what happens when a accident happens on the job? Different factors come into play when an employee suffers injuries in an accident while performing his or her job duties, and it is essential to know what to expect. If you’ve been injured in a car accident while on the job, contact a Phoenix car accident attorney from Knapp & Roberts as soon as possible to help you navigate the correct legal path for receiving compensation.

When Does a Car Accident Qualify as a Job-Related Accident?

If you get into a collision on your way to or from work, then it’s likely the accident will simply work like any other accident. However, there are some circumstances in which the accident may involve an injured driver’s employer.

• The employers of drivers who drive as a primary job function, such as commercial truck drivers and delivery truck drivers, may be involved.
• The employers of drivers who must drive as a primary part of work, such as traveling salesmen, may be involved.
• The employers of workers who receive employer compensation for commutes to and from work may be involved.
• The employers of workers who travel between job sites may be involved.
• The employers of workers performing deliveries for work, such as dropping off drywall at a construction site, may be involved.
• The employers of workers transporting other employees at the employer’s request may be involved.

If you are unsure whether a recent accident qualifies as a job-related event, contact a reliable Phoenix personal injury attorney as soon as possible for a consultation. An attorney will be able to assess your job duties and ascertain whether a recent accident qualifies as a job-related incident. This could potentially affect your recovery, so it is vital to make this distinction as soon as possible.

Workers’ Compensation Claims

Every state has a workers’ compensation system in place to protect the rights of workers injured on the job during performing their job-related duties. Depending on when the accident occurred in relation to an employee’s job duties, the employee may have the option of filing for workers’ compensation benefits. Although workers’ compensation can rarely cover the full cost of a serious accident, these benefits can be a valuable form of relief immediately after an accident that helps cover medical expenses and lost income from time missed from work.

If an accident occurs while driving for work-related duties, then the injured employee should be able to file a workers’ compensation without too much trouble. However, if the accident happens off the clock while the employee is on his or her own time, then the employee would have to follow the standard procedure for handling an accident and file a personal injury lawsuit against the at-fault driver.

It is important to remember that if you take additional legal action beyond filing for workers’ compensation, your employer’s workers’ compensation insurance carrier may file a lien against the compensation you secure from such legal actions, and a portion of it will go toward paying for the employer’s workers’ compensation benefits.

Determining Your Legal Options

It is possible to have additional legal options beyond workers’ compensation for a job-related accident. For example, if you suffered an injury in a company vehicle that your employer did not properly maintain, your employer could be liable for your damages due to negligence. You may also have the option of filing a third-party claim against a negligent driver who caused damages while you were driving for work.