Whether you drive a vehicle as part of your regular work duties or occasionally are required to drive in the course of your employment, it is important to know what to do if you are involved in a work-related car accident. These kinds of crashes occur more often than you might think, from collisions involving delivery drivers to accidents involving an assistant who has been asked to run a work-related errand. The outcome of these accidents often need the help of a San Marcos work-related car accident lawyer.
Generally speaking, anyone who has been injured in a work-related car accident typically is able to seek compensation by filing a workers’ compensation claim, but a motor vehicle crash lawsuit also could be an option depending on the facts of your case. An experienced San Marcos car accident lawyer for work-related accidents can help you determine the best course of action.
What is a Work-Related Car Accident in San Marcos?Work-related car accidents are any collisions that occur in the course of a person’s employment. These accidents may include but are not limited to:
To be clear, in most cases, if you are simply on your way to work in a motor vehicle and get into an accident, this will not be considered a work-related accident under California law. As a general matter, going to work or coming home from work are not consider times when someone is in the "course and scope" of employment. However, whether or not driving is typically part of your job duties, if you are involved in a car accident during the course of your employment, this will be considered a work-related crash in most cases.
When You or Your Employer are at Fault: Filing a Workers’ Compensation ClaimIn most work-related car accidents, the injured worker can seek compensation by filing a workers’ compensation claim. Nearly all employers are required to carry workers’ compensation coverage, and it provides benefits to workers regardless of fault. In other words, even if the injured employee caused the accident in which she was injured, or if the employer’s failure to have the vehicle properly maintained resulted in the crash, workers’ compensation will provide coverage for injuries and lost wages.
If an employer’s negligence did cause the accident, it is important to note that the employee is unlikely to be able to file a claim against the employer due to workers’ compensation laws.
Filing a Car Accident Lawsuit When the Other Driver is at FaultAlthough an injured worker may not be able to file a lawsuit against an employer for a work-related accident, that injured worker may be able to sue a third party. To be clear, if another party—such as another driver on the road unrelated to your workplace—caused the crash, you may be able to file a claim against that person.
Keep in mind that this type of lawsuit is subject to a statute of limitations. In California, for example, the statute of limitations in most personal injury cases is two years from the date of the injury. However, it may be much shorter if the party responsible for the accident is a government employee or entity.
Contact a San Marcos Car Accident Attorney for Help With Your Work-Related Crash ClaimIf you were injured in a work-related car accident any San Diego North County city, it is extremely important to speak with a work-related car accident lawyer as soon as possible to determine your options for obtaining financial compensation. In most cases, car accident victims in a work-related collision will file a workers’ compensation claim, but filing a claim against the negligent driver may be an option. Contact the Walton Law Firm to learn more about how we can assist with your work-related car crash.