The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning

What You Need to Know When You Are Hurt in Car Accident While on the Job

Car AccidentOne of the first things you likely hear when you go to the doctor’s office is the receptionist asking you if the injury happened while at work. Most people mistakenly believe that if they have been hurt in a car accident while at work, they can only recover worker’s compensation. But, if someone else caused the accident, depending on the facts of your case, you may be able to also bring a third-party personal injury claim.

The Difference Between Worker’s Compensation and Personal Injury

California requires most employers to have worker’s compensation. Under this system when a worker is injured at work, they are able to recover compensation from the worker’s compensation insurance, regardless of who is at fault for the accident. Employees cannot sue their employers for a recovery.

Personal injury law applies to other situations where someone acts negligently and injures you. If you are driving for work, and someone else causes the accident and you get hurt, you may have a personal injury claim.

California allows you, in many instances, to make both a worker’s compensation claim and a personal injury claim. Worker’s compensation typically does not compensate victims as fully as personal injury law. Even if some of your damages are offset by a worker’s compensation award, you can often maximize your recovery by pursuing a personal injury claim.

Investigation of the Accident

Determining who is at fault for an accident is a technical decision. There are many factors that must be considered. Hiring a skilled lawyer will help you sort out who is at fault for a car accident, and what the next steps are. Most of the time insurance companies want to settle cases quickly, but that is not always in your best interest, and an attorney can help you be certain.

Understanding Insurance

In cases where the driver who caused the accident had no insurance, you may have several options for making a personal injury claim, even if you were on the job. If you have your own uninsured motorist coverage, that may be an option. What many people do not know is that it may be possible to make a claim against your employer’s uninsured motorist policy, even if you were driving your personal car on a work errand.

Before you make any final decisions about what your case is worth, you need to speak with someone who understands how worker’s compensation and California personal injury law interact.

If you’ve been hurt at work and someone besides your employer was at fault for the accident, you need help. You need to consult with an experienced and knowledgeable San Jose workplace injury lawyer. Call Corsiglia McMahon & Allard at (408) 289-1417 today to schedule a consultation. Sometimes worker’s compensation is not enough.

Client Reviews
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.
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year