Injuries Sustained in Work-Related Car Accidents

When you walk into a doctor’s office to be seen regarding any type of physical injury, one of the first things you will likely be asked is if the injury happened at work. You may think of “work” primarily as your office, retail store, or another physical location, but injuries sustained in a car accident while you are doing your job also constitute workplace injuries. While you may the option of collecting workers’ compensation following an on-the-job car accident, a filing a separate workplace injury claim may give your best chance of collecting the full damages you deserve.

The state of California requires almost all employers to carrier workers’ compensation insurance for their employees. Under the workers’ compensation policy, an injured employee is often entitled to collect certain benefits—including medical bills—even if the employee suffered an injury due to his or her own fault. In the overwhelming majority of cases, an employee cannot sue his or her employer for on-the-job injuries because of the availability of workers’ compensation.

There are other situations, however, where you may be injured due to the actions or negligence of a person other than your employer in the course of performing your job. An auto accident is a good example of a such a scenario. If you are injured because another driver caused a crash, filing a personal injury claim could be in your best interest.

That is not to suggest, necessarily, that you should not file a workers’ compensation claim. In many cases, California law allows you the freedom to file both. Workers’ compensation benefits may cover some calculable damages, but payouts are often limited. A work-related personal injury claim could include damages that are more subjective, including pain and suffering. By filing both in the right circumstances, you may be able to maximize your financial recovery.

Of course, one of the most important aspects of a personal injury claim is determining fault and, therefore, liability for the accident. To do so, you will need to show by a preponderance of the evidence—meaning more likely than not—that the other driver’s actions or negligence caused the accident. If you and the other driver are found to both have contributed to the accident, your recoverable amount will be reduced by your percentage of fault. For example, if you are found to be 25 percent liable for causing the crash, and the court determines the total damages in your case to be $100,000, you would only be entitled to collect $75,000 because you were partly to blame.

Before you make any final decisions about what your case is worth, you need to speak with someone who understands how workers compensation and California personal injury law interact. Contact an experienced workplace injury attorney in San Jose and get the answers you need. Call (408) 289-1417 for a free consultation at Corsiglia McMahon & Allard, L.L.P. today.

• Answers to frequently asked questions about workers' compensation for employees