Getting involved in a car accident under any circumstances can be overwhelming. If you get injured in a work-related car accident or a crash in a work vehicle, it can be even more difficult to understand your legal rights. You may have grounds to file multiple types of claims, including a Pennsylvania workers’ compensation claim or third-party lawsuit.
Steps to Take After a Work-Related Car Accident
It is important to know what steps you should take after a work-related car accident to protect your legal rights. Your goal should be to put yourself in the best possible position for a physical and financial recovery.
Here’s what to do:
- Stay calm and check yourself (and others) for injuries.
- Get medical care without delay.
- Report the car accident to the police.
- Do not admit fault for the crash.
- Exchange information with the other driver and parties involved.
- Notify your employer of the accident and any injuries you suffered.
- Gather information and evidence relating to the crash.
- Keep medical records, employment documents and other data.
- Discuss the possibility of a workers’ compensation claim with your employer.
- Consult with a car accident attorney in Pittsburgh before accepting a settlement.
These steps can help you build a stronger claim to financial compensation or damages after a work-related car accident.
Workers’ Compensation Claim
The Pennsylvania workers’ compensation program covers most worker injuries that arise within the course and scope of an individual’s employment. Workers’ comp benefits can be awarded without requiring the claimant to prove that someone else was negligent or at fault for the car accident.
You may be eligible for workers’ comp insurance benefits in Pennsylvania if you were injured in a car accident that was related to your job. This can mean operating a company-owned vehicle or driving your own car for work-related reasons. Examples include making deliveries, going on a coffee run for your boss or traveling to a different city for a work conference.
If you are an eligible employee, your employer has workers’ compensation insurance and the car accident occurred within the scope of your job, you can file a claim with help from an experienced Pittsburgh workers compensation lawyer for no-fault benefits. However, you cannot receive workers’ comp if you were driving off the clock or merely commuting to or from work.
Third-Party Liability Claim
A workers’ compensation claim may not be your only option for making a financial recovery. You may also be able to file a lawsuit against a third party, such as the other driver, a vehicle manufacturer or the government. Under Pennsylvania’s no-fault law, drivers can file third-party claims for car accident damages only if their injuries are serious, such as broken bones or permanent disability.
Personal Injury Lawsuit Against Your Employer
Another potential legal option is filing a personal injury lawsuit against your employer for negligence. This may be possible if your employer’s action or inaction substantially contributed to your crash. If you were driving a company-owned vehicle, for example, and the brakes failed due to poor vehicle maintenance, your employer may face liability for failing to adequately maintain safe fleet vehicles.
Note that once you accept a workers’ compensation settlement in Pennsylvania, you cannot file a lawsuit against your employer. This is why it is important to consult with a Pittsburgh personal injury attorney as soon as possible after a work-related car accident. An attorney can help you choose the right legal option for your specific circumstances.