For many, driving is part of their work duties. Given that motor vehicle
accidents are incredibly common, it is a given that it is not uncommon
for those employees to get involved in accidents, whether it be their
fault or the fault of another driver. Who is liable in such cases and
does workers’ compensation any injuries the employee sustains? If
you drive for work and were injured in a motor vehicle accident, it is
imperative that you reach out to a skilled workers’ compensation
attorney as soon as possible to help you navigate the complexities involved
in such cases.
When is My Employer Liable?
An employer can be held liable for a car accident that an employee was
at fault if he or she was driving for work. This is known as vicarious
liability and it essentially means that an employer can be liable for
an employee’s actions if:
- The employee’s actions were within the scope of his or her employment
- The employee’s actions were performed while he or she was working
- The employer benefited from the activity the employee was engaged in at
the time of the accident
Ultimately, if the employee caused an accident while driving a company
vehicle or while driving his or her own vehicle to carry out a work-related
task, the employer can be held liable for the accident. If an employer
is found liable for the accident, their insurance company will likely
cover the injuries a third party sustained in the accident. A third party
could be the other driver, a passenger in another vehicle, a passenger
in the company vehicle, and pedestrians.
When is an Employee Liable?
Of course, there are exceptions to every rule and, in some cases, vicarious
liability might not apply. An employee might be considered liable for
an accident if:
- The employee was running a personal errand at the time the accident occurred,
even if it was during work hours or while he or she was driving the company vehicle
- The employee was committing a crime at the time of the accident
Additionally, employers are not usually considered liable for car accidents
caused while an employee was commuting to work, even if he or she was
driving the company vehicle.
Are My Injuries Covered by Workers’ Compensation?
If an employee sustains injuries in a motor vehicle accident while performing
his or her job duties, the employer will usually have to pay for any costs
associated with the injuries sustained, regardless of who caused the accident.
That is because workers’ compensation is not a fault-based system.
However, for an employee’s injuries to be covered by workers’
compensation, the accident must have occurred while the employee was performing
a work-related ask. If the employee was performing a personal errand or
commuting to work, he or she might not be eligible for workers’
If the motor vehicle accident was caused by another driver while the employee
was performing a work-related task, he or she would have two potential
ways in which compensation can be obtained. First, the employee would
be eligible for workers’ compensation benefits since the accident
occurred while performing a work-related task. Second, the employee could
pursue compensation from the negligent driver as part of a personal injury
lawsuit. By filing a workers’ compensation claim, an employee could
be compensated for pain and suffering, which is not included in workers’
Skilled Workers’ Compensation Attorneys in Cobb County
If you sustained injuries while performing your job duties, you are going
to need a skilled legal advocate on your side to ensure you are able to
receive workers’ compensation benefits. At Chestnut & Beller
in Cobb County, our experienced workers’ compensation attorneys
are here to provide the exceptional legal guidance you need to navigate
the complexities of this process every step of the way.
Get started on your
workers’ compensation case today and
reach out to our law firm at (770) 285-5542 to request your free initial case evaluation
with one of our knowledgeable attorneys.