Work Vehicles: Can I Make a Claim Against My Employer After an Accident?

A car accident produces enough complexity that the ramifications of the accident can last for months, even years. Add in the mix when accidents happen in work vehicles, and the injured driver or passenger is the employee, and things go to a completely different level altogether.

What Happens If You Have an Accident in Work Vehicles?

The concept of the workplace involves wherever the employee is performing their function for an employer. For many, that means being inside work vehicles as they are being used or driven.

Normally, in a car accident, liability involves the drivers who make contact with each other and anyone else involved in the immediate vicinity. However, when the vehicle belongs to an employer, and the employee is doing their job, then workers compensation liability becomes involved, as well as the employer’s vehicle insurance coverage. Hence, this is when one needs workers compensation lawyers NJ.

Employers Are Not Responsible for Everything With Work Travel

Although there is an employer’s liability to accidents when their employees get involved, it has limitations. For example, employees travel to and from work, but that does not mean the employer is liable for what happens to them on the road commuting.

Traveling to and from work is a general activity that everyone does. Therefore, legally, employees are responsible for their own driving safety.

However, this gets a bit murky when using a company car or truck. Once in the vehicle on duty, the employee is essentially in their workplace, but this is not a set rule. A lot depends on how employer liability and workers compensation responsibility is defined from one state to the next.

When a company vehicle is involved in an accident while being used for work duties, the company’s car insurance policy steps in as the protective cover. This insurance usually provides coverage for property damage as well as medical expenses for the driver, passengers, and anyone else involved in the accident.

However, there are some exceptions to this. For example, the employer may not be liable if the employee conducts personal business. Similarly, if the employee was committing a traffic violation or was off the clock, the employer may not be held accountable for the accident.

Company Internal Processes: Workers Compensation

When an employee is injured on the job, they are typically expected to follow their company’s process for medical coverage and workers compensation. This enables the employer to meet the legal requirements for medical coverage and adequately manage medical costs.

However, this standard is not always tailored to the specific needs of the injured employee for their recovery. It is just a general guideline that may not necessarily provide the best solution for the injured worker.

In cases where workers’ compensation alone is not enough for a full recovery, the assistance of an Elizabeth, NJ work accident lawyer may be necessary. Unfortunately, workers compensation and disability benefits also often fall short of providing full financial recovery for the injured worker.

Additionally, it is not uncommon for an employer to try to cut costs or pressure the employee to return to work before they are fully recovered. This is a more prevalent problem than many people realize.

Look for a Company Vehicle Accident Lawyer

As a company vehicle accident lawyer, Ashton E. Thomas, Esq., regularly takes on companies for their liability when employees are injured during work. While no rule says an employee should hire a company car accident attorney after a work vehicle accident, keep in mind employers are focused on protecting themselves as an organization first. That means procedures, the workers compensation program involved, and responses will be in the best interest of the company, not necessarily the employee.

An independent advocate is needed to make sure the employee’s rights are protected throughout the entire recovery, not just what is convenient for the employer.

Ashton E. Thomas can manage your representation effectively, producing real results versus delays so common from employers looking to limit their liability.

Remember, employers are responsible for their employees’ safety, workplace, and the tool used to do their work. In addition to vehicle liability, employers also have to prevent putting their employees in preventable risky conditions in the first place as well.

If you have been in a company vehicle accident and need help with recovery, call Ashton E. Thomas for a consultation today!