What Are Your Rights After a Workplace-Related Car Accident?

Car accidents are never easy, but if you’ve been injured in a car accident while you were on the job, things can get a little more complicated, and you may wonder what your rights are. A personal injury lawyer in San Antonio who has experience with work injuries and with car accidents can help you figure out what to do to get the full compensation you need for everything you’ve lost.

Before we can talk about your rights, it’s important to confirm that the car accident is work-related. If you’re driving a vehicle specifically for your employer, such as a delivery driver, this counts as a workplace-related car accident. If you are on your way to a meeting that your employer requires you to be at and are in an accident, this may also be categorized as a work-related accident if it took place during the course of your employment. That phrase, “during the course of employment,” is the key to determining whether your accident qualifies as work-related or not. It’s important to understand that driving to and from work does not count as driving “during the course of employment.”

Whether you have been in a car accident that qualifies as work-related or not, you always have the right to talk to a personal injury lawyer, and you should. Even if you believe you’ll be covered by workers’ compensation, an attorney is always a smart move.

A lawyer can help you properly fill out all the forms, understand the exact status of your claim, fight with insurance companies for proper compensation, and represent you in all hearings and even a trial if that becomes necessary. It’s important that your attorney has experience not only with car accidents generally but specifically with workers’ compensation claims so they can make sure your compensation is maximized.

Texas does not require all businesses to offer workers’ compensation, which is different from some states, but the reality is that many businesses do have it. Workers’ comp is designed to provide you with medical benefits, wage replacement up to a certain percentage, and things like retraining, if that’s necessary. Workers’ comp makes it possible for you to get the help you need without having to prove that your employer was at fault for something. However, if your employer has workers’ comp, you will not be able to sue your employer for negligence.

Workers’ comp is great for some things, but it also doesn’t provide any benefits for pain and suffering or mental anguish, and there’s no possibility of bringing punitive damages. Plus, you only get some of your lost wages reimbursed.

There are a few scenarios where you could bring a lawsuit or claim that would allow you to get your full compensation for all losses and damages, including for pain and suffering and other non-economic damages. If a third party was responsible for the accident – not you, your employer, or a coworker – then you can bring a personal injury claim. This claim would be the same as if you were in an accident with your own car. You can claim all your economic damages and non-economic damages.

If your employer doesn’t subscribe to workers’ compensation, you can also bring a claim against them for personal injury if you are injured while on the job. You can also bring a claim even if your employer is a subscriber if you are able to prove gross negligence. This is tough, and you will need the help of an experienced lawyer. You must definitively prove that your employer knew it was very likely you’d be injured and deliberately refused to do anything to keep you safe. Say, for example, that the brakes on a work truck go out, and that’s what causes the accident. If your employer neglected to get regular maintenance on the truck, that alone might not be enough to be considered gross negligence. However, if other drivers had complained about the safety of the truck multiple times, or a mechanic had told your employer that the brakes were in bad shape, and the employer deliberately refused to get them fixed, you might have a case for gross negligence.

Finally, there might be a third party involved. For example, if your employer did have the work vehicle regularly sent away for maintenance, but it turns out the mechanic hired to do this maintenance was cheating your employer by charging for maintenance that was never done, you could bring a claim against the mechanic if the lack of maintenance is what caused the accident.

Workers’ compensation is beneficial primarily because there’s no need to prove fault. On the other hand, personal injury claims often get you a larger settlement. In some scenarios, you can actually pursue both. For example, if you are injured while on the job, but the accident was caused by another driver, you may be able to claim workers’ compensation immediately but also pursue the other driver for what workers’ comp doesn’t cover.

In any car accident, you should always work with an attorney. The best way to get the full compensation that you deserve after any accident, including one related to work, is with the help of a lawyer. Here are some of what a lawyer can do for you:

The first thing a lawyer will do is thoroughly assess your case and help you understand all your options for claiming compensation. They’ll look at whether it qualifies as work-related, if there were any third parties involved, if your employer was particularly negligent, and more.

Once your attorney knows what happened and has evaluated the evidence, the next step will be to use their experience and knowledge of the law to build a strategic case to get you the best possible outcome. This might include bringing both the workers’ compensation claim and a claim against the other driver, working to prove negligence on the part of your employer, or focusing on a defective part or a third party who might be partly responsible.

Your lawyer will also protect you from any unfair blame. Because Texas has comparative fault laws for personal injury, your compensation is reduced by your percentage of fault in an accident, and if you are 51% or more at fault, you can’t claim any compensation at all. If you’re only pursuing workers’ compensation benefits, this won’t matter because workers’ comp kicks in regardless of fault. But if you want to bring a claim against another driver or a third party, or against a non-subscribing employer, you will need to prove that you are not 51% or more at fault and be protected against unfair blame.

To get the full compensation you’re owed, you need to properly value everything that you’ve lost. This should include not only the cost of medical treatment and your lost wages, but also the possibility of future medical treatments, paying for a long-term disability, any property damage you sustained, as well as the emotional toll of this traumatic incident. Your lawyer will make sure you don’t miss out on anything.

Contact the Gamez Law Firm in San Antonio, Houston, Dallas, Austin, McAllen, or Laredo now or call us at 1-866-GAMEZ-LAW right away for a free case evaluation.