Car Accident at Work
Many employees drive as part of their work duties, such as making deliveries, driving between work locations, or traveling out of town for work-related events. When workers get hurt in work-related car accidents on the job, they may have the right to seek compensation for their medical bills and other losses.
An injured employee may be eligible to receive workers’ comp benefits and, in some cases, file a personal injury claim against another motorist who caused the crash. A dedicated workers’ compensation attorney at Hardison & Cochran can help you evaluate your legal options if you have been injured in a car accident at work in North Carolina.
Who Pays for an Accident in a Company Vehicle?
If you’ve been in an accident while driving a company vehicle, your employer’s workers’ compensation insurance administrator should cover your injuries and losses resulting from the crash. This coverage may apply if you drive the company vehicle according to your employer’s policies.
If you were not on duty when the accident occurred, you may have an injury claim against the at-fault driver who caused the collision. Otherwise, you may need to turn to your own personal auto insurance for coverage, if applicable. You should review your employee handbook or company vehicle policy to determine the extent of your employer’s coverage when you are driving a company vehicle.
Some employers require workers with company vehicles to obtain personal auto insurance coverage that applies when the workers are driving the company vehicle for personal use. If a negligent or reckless driver hits you while you’re driving a company vehicle, that driver and their insurance may be held financially liable for losses arising from the accident.
Is My Employer Responsible for the Damage to My Vehicle
Many employers authorize workers to use their vehicles for work-related driving. This is common practice for rideshare services such as Uber. If you get into an accident while driving your car for work as permitted by your employer, the employer’s insurance may provide coverage if you are on the job at the time of the accident.
The amount of coverage available depends on the specific situation and how the insurance policy is worded. If your employer has auto liability insurance or a commercial liability policy, their insurer may compensate you for repair costs or the value of your totaled vehicle. Since you were driving for work, your own personal auto insurance provider may deny coverage from your policy. You will benefit from having a Raleigh workers’ compensation lawyer representing you in dealing with insurance companies and demanding the full benefits available to you.
Does an Accident in a Work Vehicle Affect My Insurance?
Several different insurance policies might cover your work-related car accident. When multiple policies apply, insurers must determine which provides primary coverage and which offers secondary coverage. You can first turn to the primary insurance coverage to pay for your accident losses. Once you’ve exhausted your primary coverage, or if primary coverage does not apply to a specific loss, you might turn to secondary insurance coverage for additional benefits.
Your employer’s workers’ compensation insurance carrier might be the primary coverage for your injuries in a work-related car accident. Workers’ compensation is no-fault insurance, providing coverage even if you caused the auto accident. However, the crash could affect your insurance rates if law enforcement or other insurance companies deem you at fault. In that case, your insurer might raise your premiums.
Workers’ Compensation for Car Accidents at Work
A work-related car accident involving injuries might entitle you to workers’ compensation benefits through your employer’s workers’ comp insurance. Workers’ compensation pays for medical treatment of injuries that occur while employees carry out their job duties, including car accidents.
Under North Carolina’s workers’ compensation system, you must report a work-related accident and injury to your employer within 30 days after the accident. Suppose your employer disputes your claims and does not report your injury to the North Carolina Industrial Commission. In that case, our Raleigh workers’ compensation attorneys can initiate a workers’ compensation claim on your behalf and present your case to the North Carolina Industrial Commission.
Benefits available under the workers’ compensation system in North Carolina include:
- Medical benefits: Workers’ comp should cover the cost of all reasonable and necessary medical expenses and rehabilitation for a work-related injury.
- Reimbursement for sick travel: Workers who must travel 20 miles or more round trip for medical treatment for a work injury can receive a per-mile financial payment.
- Lost wage benefits: After missing seven days from work due to a work-related injury, a worker can receive weekly checks to partially reimburse their lost wages. The payments equal two-thirds of the injured worker’s average weekly wage.
- Permanent partial disability benefits: Workers who suffer total or partial loss of a body part or the use of a body part or who become unable to earn the same level of income can receive financial payments based on the type and severity of disability they suffer.
What to Do After a Car Accident at Work
Taking prompt action after a workplace injury involving a car accident can protect your legal rights to seek the compensation and benefits you deserve. Here’s what injured workers should do:
- Report the accident to law enforcement and obtain a copy of the police crash report.
- Notify your employer of the accident and any injuries you’ve suffered so that you can file a workers’ compensation claim.
- Seek prompt medical attention to diagnose injuries and follow your physician’s treatment recommendations and recovery instructions.
- Obtain copies of your medical records and keep any bills, invoices, or receipts for out-of-pocket expenses you incur during your recovery.
- Gather copies of your pay stubs/income statements if you need to miss time from work or transfer to a lower-paying position due to your injuries.
Seek the Guidance of a Workplace Car Accident Attorney
Take advantage of a free case review. Contact Hardison & Cochran in Raleigh, NC, for a free consultation with a workplace car accident lawyer to discuss your legal options for seeking compensation for your harm and loss.
