Dothan Lawyers Provide Aggressive Representation for People Hurt in Accidents Involving Company Vehicles
Alabama personal injury and workers’ compensation attorneys uphold your rights
How are you compensated for injuries when you’re injured in an accident while driving a company vehicle? If you’re wondering about your rights to personal injury compensation or workers’ compensation benefits, the knowledgeable accident attorneys at Carey & Hamner, P.C. in Dothan can help. We have ample experience with company-owned car accident cases in Alabama. We thoroughly investigate the circumstance of your crash, determine who is at fault and advise you of your rights. Then, we aggressively pursue the compensation and/or benefits you deserve.
What legal remedies are available after a crash involving an employer-owned car or truck?
If you have an accident in a car or truck owned by your employer, you could have rights under personal injury law, workers’ compensation, both or neither. Here’s how the situation breaks down:
- Driving on personal business, someone else’s fault — Since you weren’t driving for a job-related task, you can’t file a workers’ compensation claim. But, since someone else caused the accident, you can sue for personal injury damages. Your case proceeds as though you were injured driving your personally owned vehicle.
- Driving on personal business, your own fault — Again, you’re not eligible for workers’ compensation, but you can’t file a personal injury lawsuit due to Alabama’s contributory negligence law that bars recovery by someone who bears any responsibility for a crash.
- Driving for the job, someone else’s fault — If you are using the car for work, you are covered by workers’ compensation and can file a claim. But, since someone else caused the crash, you can also sue for personal injury.
- Driving for the job, your own fault — Since you are using the car for a work purpose, workers’ comp covers your medical bills, wage replacement and disability. But you can’t sue for personal injury and might be the named defendant in a lawsuit over the crash.
It’s also important to understand the rules surrounding driving for a work purpose. Generally, commuting to your regular place of work is not considered a job task, so workers’ compensation would not cover you. However, if you were driving to see a client, buy office supplies, or driving to an alternate job site, you would be covered. You might even be covered driving to a company-sponsored social event, such as a holiday party, if employees were generally expected to attend.
Attorneys explain types of payments available in personal injury and workers’ compensation cases
If your case permits you to file for workers’ compensation and sue for personal injury, you can receive compensation from two sources. However, you are not allowed to collect twice for the same loss. What generally happens is that workers’ comp pays first, in the form of reimbursement for medical treatment and wage replacement. This is helpful to keep you above water while your personal injury case goes forward.
When your personal injury case settles or is resolved at trial, you may receive a damage award covering your medical expenses, lost income and your pain and suffering. You would have to repay workers’ comp for the medical treatment reimbursement you received as well as your wage replacement. However, your personal injury settlement should repay all your lost wages, so you’d have one-third left over. You should also receive compensation for your pain and suffering.
Our attorneys are adept at handling workers’ compensation car accident cases that also involve personal injury lawsuits. We are ready to protect your rights and pursue maximum payments for you.
Contact our Alabama law firm for personal injury and workers’ comp representation
Carey & Hamner, P.C. in Dothan represents clients in personal injury and workers’ compensation claims arising from vehicle accidents. To schedule a free consultation, call 855-435-4797 or contact us online.