Can I Get Compensation if I Was in an Accident in the Company Car?
If you have been injured in a car accident while on company time, you may still be able to file a claim against the other driver. The Atlanta car accident lawyers at Hall & Lampros, LLP have a track record of delivering results for our clients, and we can work to do the same for you.
Although you cannot sue your employer in a personal injury case, you can still sue a third party who was responsible for your injuries. As a backstop, you can always file a workers’ compensation claim, although you would not be paid as much. Since there are multiple pathways to compensation, you should hire a reputable car accident lawyer in Atlanta to help you navigate the process.
Schedule a free initial consultation with the Atlanta car accident law firm Hall & Lampros today. Our car accident attorneys in Atlanta take the time to listen, and we make sure that you fully understand your legal options.
The Laws of Negligence Apply to Car Accidents on the Job
Your job may require you to do some driving using the company car. If you were in an accident in the vehicle on company time, you may be eligible for some form of financial compensation, even if you were at fault for the accident. An experienced car accident law firm in Atlanta could review your case and help you determine the most viable pathway to compensation.
The usual rules of car accident liability apply when you are driving the company car. Even though you cannot sue your employer for negligence, you can file a third-party claim against someone else if they are to blame for your injuries. Thus, if the other driver was negligent in the car accident, you would file a claim against their insurance, just like you would after any other crash.
First, your car accident attorney would investigate the cause of the accident to determine whether you can actually sue someone else. The other driver does not work for your employer, so they do not have any immunity from a personal injury claim. If you have evidence that shows that the driver did something unreasonable under the circumstances, they have a legal obligation to pay you. There are no limitations on your damages in a personal injury case like there are in a workers’ compensation claim.
You Could Still File a Workers’ Compensation Claim When Hurt on the Job
If you are unable to prove that the other driver was negligent, you could still receive some compensation for the accident. The worker’s compensation system still covers you because driving the company car was part of your job duties. Workers’ compensation insurance provides you with benefits when you are unable to work, so long as you suffered a work-related injury. Unless you did something reckless like drunk driving, or you were using the car for personal errands, you are still covered. It does not matter if you ran a red light or even rear-ended another car. Ideally, you would prefer to file a personal injury case because workers’ compensation does not pay you as much as a lawsuit settlement.
There are some exceptions to being able to file a workers’ compensation claim. For example, if you commute back and forth to work in a company car, you would not qualify for compensation if you were not actually on the job. Being able to file a workers’ compensation claim is dependent on the fact that you were performing a work task. These tasks could include sales calls and being off premises to work at job sites. You can expect there to be a factual challenge to whether you were actually working. You should be prepared to prove that you were using the vehicle for a work task.
Notify Your Employer Immediately
Always notify your employer right after an accident in the company. First, your continued employment may depend on it. Second, you still want to be in a position to file a workers’ compensation claim. Many car accident victims will file a workers’ compensation claim regardless, because there is no certainty in the legal process. Your workers’ compensation benefits would be paid far earlier than a car accident settlement, and they can hold you over while you wait for a settlement check. If you win your car accident case, the workers’ compensation insurance company would be reimbursed out of the proceeds of your settlement check.
Contact an Atlanta Car Accident Attorney Today
If you have been hurt in a car accident, speak to the tenacious Atlanta car accident law firm Hall & Lampros today. We make it easy for you to get the legal help you need. Call us today at
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.