Being injured on the job in an auto accident can be a frustrating experience. The same delays and claim denials that occur with an auto accident that is not work-related will still potentially happen, plus there is an added situation regarding the fact that worker’s compensation insurance could be available as well. This can complicate an accident case significantly, but it can also be additional protection under certain circumstances. Just as in a typical accident in North Carolina, fault will be central to settling any claims for injuries through an auto insurance policy. But, the potential for worker’s compensation benefits could actually serve as additional insurance just in case the auto insurance injury claim is denied, which is very common for drivers in a North Carolina accident. Knowing how to handle the situation is important, especially with understanding individual rights when this occurs.
Worker’s compensation coverage
The first issue when being injured in an auto accident while on the job will be worker’s compensation coverage. Employers who do not contest the accident occurring while on duty will usually place the employed driver on worker’s comp. However, this is not necessarily a requirement in some situations, and employers have the right to refuse if they think the accident is not work-related. Employer insurance companies can deny a claim as well for the same reasons, and often denied claims are the decision of the worker’s comp insurance provider instead of the employer. For those who are covered, they can be compensated for medical bills and lost wages to a certain percentage, but no general damages for pain and suffering are available in legal action against a worker’s compensation coverage provider. General damages must be claimed in the auto accident case unless there is proof the employer was also negligent in some aspect regarding the reasonable duty of care for the employee.
Accident injury coverage
Aside from any insurance protection that may be available with worker’s compensation, there could possibly be financial compensation available based on the material facts of the accident case. All drivers in a North Carolina auto accident are evaluated for their potential personal contribution to causing the accident, and even 1% of fault can result in a denied compensation claim for an injured worker who was driving at the time of the accident. Those who are completely without fault will be entitled to whole damages beyond what is allowed in the worker’s compensation claim with the potential exception of an adjustment in lost wages recovery provided in worker’s compensation payments.
Additional vicarious liability
Another issue with a work-related car accident can be a vicarious liability. Not only can an injured worker be covered by both worker’s compensation and individual auto accident insurance, but vicarious liability can be pursued in some cases such as when a worker is delivering goods that have been contracted for shipment or if the employer has shown any sign of negligence in the company operational process. Worker’s compensation is designed to protect employers against general damages in serious injury cases, but this is contingent on employers operating within all rules and regulations associated with maintaining a safe workplace environment.
Contact a Car Accident Lawyer NC
It is clear that work-related car accident cases can be complicated issues, and it is always vital to pursue maximum financial reimbursement when this happens. This can include financial recovery for potentially lost wages that could extend well into the future when the accident injuries are serious. Both North Carolina auto insurance companies and employer worker’s comp providers can be equally as difficult when trying to deny claims or deflect responsibility. Anyone who has been a victim of an auto accident while working should contact our offices and consult with a car accident lawyer who understands the difficulties injured workers face when in this situation. Let us put our experience to work for you and your injury claims. Schedule a free case review today with one of our experienced car accident claims attorneys.
