Winning Damages for Motor Vehicle Accidents on the Job in Alabama
Dothan attorneys bring compensation claims and lawsuits for injured workers
Workers’ compensation is the usual legal remedy for someone injured in the course of their employment. But if an employee is hurt in an off-premises car accident, it may be questioned whether they were truly on the job at the time. Whether they were or not, the worker may also seek monetary damages from other parties who may have been at fault. At Carey & Hamner, P.C., in Dothan, we assist victims of on-the-job accidents in Alabama in pursuing all their options for compensation. Our attorneys have over 40 years of combined experience resolving complex injury claims.
Employer liability for at-work car accidents
Common on-the-job accident injuries include head injuries, back injuries, fractures, whiplash and other severe harm. Employees hurt in such accidents can collect workers’ comp benefits to pay for medical expenses and partial lost wages. In most cases, the employee cannot bring a lawsuit against the employer for greater damages, such as pain and suffering. The employee can, however, assert personal injury claims against other parties who may have been at fault for the accident.
When is a motor vehicle accident considered “on the job”?
For purposes of workers’ compensation, motor vehicle accidents are considered to be on the job if they occur while the employee is traveling for a work-related purpose, such as picking up merchandise or making deliveries. Determining whether or not a trip is work-related can be difficult. Commuting to or from work does not qualify, but traveling to meet with a client might. The fact that the employee was driving a company vehicle is not decisive, since the employee may have been running personal errands when the accident occurred. Even if the injured worker was a passenger in a vehicle involved in the accident, such as an Uber or Lyft car, the trip may be found to be work-related.
A car accident is also work-related if it occurred within a construction zone or on approaches to or exits from that area. In that situation, an injured worker has the right to seek workers’ compensation against their employer and to bring suit against any at-fault third parties.
Leading causes of work-related motor vehicle accidents
In addition to accidents in construction zones, work-related motor vehicle accidents can have multiple causes, such as:
- Distracted driving
- Fatigued driving
- Speeding
- Reckless driving
- Poor road conditions
- Motor vehicle defects and equipment failures
Since workers’ compensation is a no-fault system, there is no need for the employee to establish that anyone’s negligence caused the crash. However, the cause is relevant if a third party is to be held liable for damages. The workers’ compensation insurance carrier would be entitled to a lien on those damages for proportional recovery of benefits it paid out to the employee.
Steps to take if injured in a motor vehicle accident while on the job
As with any car accident, there are certain actions you need to take to protect your health as well as your legal rights. You should immediately:
- Call 911
- If you were not taken away by ambulance, take photos/video of the accident scene including the vehicles involved. If there were eyewitnesses, get contact information.
- Get driver’s license and insurance information from other drivers involved.
- Go to a hospital or trauma center for medical evaluation.
- Notify your own insurance company.
- Get a copy of the police report of the accident.
In addition, you should report the accident to your employer. Our Dothan workers’ compensation attorney will help you file a workers’ compensation claim for benefits. We can also advise you about your potential right to file a personal injury suit to fully cover the expenses of your injuries.
Note that in Alabama, there is a two-year statute of limitations for filing a personal injury case. It is to your benefit to speak with an attorney as soon as possible after an accident so that an investigation can be undertaken and a claim asserted promptly.
Contact an attorney experienced in on-the-job motor vehicle accident cases
Carey & Hamner, P.C. in Dothan guides Alabama workers injured in work-related motor vehicle accidents in filing workers’ comp and personal injury claims. Call 855-435-4797 or contact us online to schedule a free consultation with an attorney.
