Workplace Motor Vehicle Accidents
If you’ve been injured in a car accident while on the job, you are probably considering a workers’ compensation claim. However, what you may not know is that you may also be able to pursue a personal injury claim against the negligent driver responsible for causing the accident. At the Olsinski Law Firm, PLLC, we have been helping workers injured in workplace motor vehicle accidents obtain full and fair compensation for their injuries. We can advise you on all of your options and prepare a compelling claim for compensation on your behalf.Can You Obtain Workers’ Compensation Benefits After a Car Accident?
Yes, you can obtain workers’ compensation benefits after a car accident. North Carolina workers’ compensation laws create a no-fault system, meaning you can qualify for benefits even if your employer was not at fault for your injuries. However, to be eligible for workers’ comp benefits, your injury must have occurred within the scope of your employment. For example, the following may be situations in which you can recover workers’ comp benefits following a workplace car accident:
- You are a delivery driver;
- You are running an errand for your employer;
- You are transporting a customer or another employee;
- You drive for a living; and
- You are traveling for work.
However, you typically cannot obtain benefits for accidents that occur on your way to work or on your way home from work. However, if you were injured on your commute to or from work, that doesn’t mean you are without options; you may be able to pursue a personal injury claim against the negligent driver who caused the accident.Can You File a Personal Injury Lawsuit After Getting into a Car Accident at Work?
Yes, in many cases, workers who were injured in a car accident while at work can pursue a personal injury lawsuit. However, you probably would not bring this type of claim against your employer (unless they were somehow at fault for the accident).
Those injured in workplace motor vehicle accidents can often file both a workers’ compensation claim as well as a personal injury lawsuit. However, personal injury lawsuits are based on the legal concept of negligence. Thus, unlike workers’ compensation claims, you must prove that someone else caused your injuries to succeed in a personal injury claim.
To prove that another driver was negligent, you must show that they violated a duty of care that was owed to you and that the driver’s actions were the cause of your injuries. While this sounds straightforward in theory, in reality proving a car accident lawsuit can be challenging—especially once the other driver’s insurance company gets involved.Can Those Injured in Workplace Motor Vehicle Accidents Pursue a Workers’ Compensation and a Personal Injury Claim?
In most cases, injured workers do not need to choose between filing a personal injury or workers’ compensation claim. Thus, it is common to pursue both claims at the same time. However, if you receive workers’ compensation benefits and then recover damages through a personal injury lawsuit, your employer may seek reimbursement for the benefits they paid to you. However, an experienced North Carolina workers’ compensation lawyer may be able to reduce or even eliminate your employer’s claim for reimbursement.Were You Injured in a Car Accident While Working?
If you recently suffered injuries in a work-related car accident, contact the dedicated North Carolina workers’ compensation lawyers at the Olsinski Law Firm, PLLC. At the Olsinski Law Firm, PLLC, we have decades of combined experience ensuring that our injured clients recover the full amount of compensation they need, deserve, and are entitled to. To learn more, and to schedule a free consultation with a Charlotte workers’ compensation lawyer, give us a call at 704-405-2580. You can also reach one of our Concord workers’ compensation lawyers at 704-918-4747. We take all personal injury and workers’ compensation claims on a contingency basis, meaning we will not bill you for our services unless we can connect you with compensation for what you’ve been through.