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Obtaining Compensation After a Work-Related Auto Accident – What Are Your Rights?

CompensationEach year, millions of drivers experience an auto accident. Most of them are everyday road users – people going to their doctor, driving home from work, or making a trip to the grocery store – but some are driving for their employer. How are these accidents different in terms of compensation, and how can an attorney increase your chances of a full and fair settlement after a work-related crash?

Workers’ Compensation and Work-Related Auto Accidents

Employees who are involved in an accident while “on the clock” are typically entitled to workers’ compensation through their employer’s insurance. There are some conditions that must be met, however. First, the driver must be an employee of the company, not an independent contractor. Second, the employer must have workers’ compensation. Lastly, the employee must have been performing a duty for the employer or actively “on the clock,” meaning the driver is being paid for his or her time behind the wheel.

Of course, there are excluded circumstances and situations. For example, a driver who is accused of being intoxicated at the time of the crash may be at risk of a denied claim. Alternatively, if an employer does not have workers’ compensation insurance, the employee cannot file a claim. Thankfully, there are still options for non-covered workers. An experienced personal injury attorney can examine your case and explain yours.

Third-Party Negligence and Work-Related Auto Accidents

While workers’ compensation can ensure your medical expenses are paid and that your family has at least a little money to survive, it is rarely an adequate means of support. Because of this, families may be at risk of experiencing injury-induced poverty. An auto accident claim on your work-related auto accident could be the solution. Owed in situations where another driver has acted negligently – perhaps by running a red light or rear-ending you at a stop sign – this type of compensation is often best sought with the assistance of a skilled personal injury lawyer.

Much of this recommendation is due to the complex nature of auto accident claims. However, it is important to recognize that there is a distinct difference between everyday auto accidents and those that occur while an employee is “on the clock.” Any failure or mistake could cost the victim some or even all compensation options.

Contact Our San Jose Work Accident Lawyers

At Corsiglia, McMahon & Allard, LLP, we work hard to ensure that you receive every ounce of compensation that is owed to you. Dedicated and experienced, our San Jose work accident lawyers will protect your rights at every turn. Get started by scheduling a no-obligation, personalized consultation. Call (408) 289-1417 today.

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I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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