If your job requires you to have a company vehicle or use your own vehicle for your work, then you need to know that you may be covered by workers' compensation if you are injured while on the job. This is true whether or not there was another driver involved in the accident or who was at fault. Because the rules around workers' compensation and car accidents on the job can be confusing, here are a few things to keep in mind when it comes to these types of cases.
Whether or not you were actually on the job:
If you get to use a company car, you may think that it automatically means that you are working whenever you use it. However, in the eyes of the law it may not be as simple. You or your attorney must prove that you were actually engaged in business at the time of the accident. For most people, they are considered off the clock when the go to lunch or are coming and going from work. However, if you are using a company car, the "coming and going" rule may not apply to you under certain circumstances such as when your job requires you to travel or you don't have a fixed work location. Also, you may be covered if you were going to pick up food for a company event or running a work-related errand while on a break.
You can still file a lawsuit:
You can still file a lawsuit against the person who caused your accident if you were not at fault. The advantage to filing a civil lawsuit is that you may be eligible to get additional compensation for the damage to your car if you were using a personal vehicle for work. If you decide to file a lawsuit against the other driver be aware that you may have to pay part of any workers' compensation benefits back to your company if you win. However, if you were at fault for the accident, then you are unlikely to get any recovery through a civil lawsuit, but you will still be eligible for workers' compensation.
If you're using a either a company car or your own car in the course of your job, then you will be covered for your any injuries occurred while working whether or not you are at fault. Getting workers' compensation also doesn't restrict your right to file a lawsuit against a third party. If you want to know more about this type of workers' compensation, or you want to explore the possibility of filing a civil lawsuit against another party, contact an attorney (like those at the The Reed Noble Law Firm PLLC) who is knowledgeable about these types of cases to see about the best course of action.