When you get injured in a car accident, you know that you should be paid by your own insurance and possibly the other driver’s insurance policy. What happens if the crash was an on-the-job car accident? Is your employer liable? Can you get workers’ compensation too? An experienced Queens workers comp attorney from our firm is ready to help you out.
Will I Get Workers’ Compensation After an On-The-Job Car Accident?
You should be able to get workers’ compensation if your were injured in an on-the-job car accident, provided that you were performing duties for work at the time. This does not include your commute to or from work though. You’re not technically on the clock while you’re coming or going, so you would probably just have to pursue a lawsuit against another driver if you get hurt on your way to or from your job.
You need to report your injury to your employer as soon as possible. Then you must submit a claim with their workers’ compensation insurance. You want this claim to be as comprehensive as possible, so make sure that copies of important documents like medical bills are included when you file your claim.
What Does Workers’ Compensation Cover?
Workers’ compensation is not exactly like a settlement from a normal personal injury lawsuit. Your compensation is meant to address the economic costs of an accident, like medical expenses and lost wages. It is not meant to provide compensation for pain and suffering or psychological trauma. If you want compensation that covers non-economic costs of an on-the-job car accident, you may have to make a third-party accident claim.
Can I Sue My Employer After an On-The-Job Car Accident?
You cannot sue your employer though. This is because their workers’ compensation insurance protects them. You can sue another driver if you believe that their negligence caused an accident though.
The burden of proof is higher here though. When you make a third-party claim, you have to prove that the other driver was negligent. You need to build a case and have significant evidence against them. When you submit a claim for workers’ compensation, the burden of proof is generally much lower. You essentially just need to show that you were injured and that you were at work when the injury happened.
Do I Need an Attorney?
An attorney can help you navigate this process and figure out who should be held accountable for the injuries you have suffered. We can help you file your workers’ comp claim, and then we can take a closer look to see if a third-party claim is an option. Then we will do our best to help you build a winning case.
Schedule Your Consultation
So if you have been injured in an on-the-job car accident and you are confused about what to do next, we want to help you. Contact the Law Offices of George Poulos and schedule a free consultation with our team today.