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

One 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.

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.

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.

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.

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