Being injured in a company car can leave your with a lot of questions. Whether you were driving the company vehicle or riding as a passenger, you have the right to pursue an accident claim.
There is a difference between worker’s compensation and a liability claim. Learning that difference can give you the information you need to move forward.
There is a legal doctrine called “respondeat superior” that defines the relationship between an employer and the employee who operates a company vehicle. Under the doctrine, the employer is responsible for the employee’s actions while they are “acting within the scope of their employment.”
If the employee is injured while on duty, the employer is legally accountable for any injuries and property damage caused by the accident.
However, if the employee was working within the scope of employment, but was deemed to be the negligent driver, both the employee and the employer can be held liable.
In most cases, the employer’s liability insurance will compensate the employee against third-party accident claims. Nevertheless, it’s best to speak to an accident attorney to find out what options best fit the situation.
Most employees believe they have to open a worker’s compensation claim if injured on the job. This isn’t entirely true. If you were injured in a company car you can proceed with a worker’s comp claim, but you will not receive damages for pain and suffering.
If you were hurt due to the negligence of another driver, you can open a liability claim through the other driver’s insurance. In the case they were uninsured, you may be able to exhaust your employer’s liability insurance. Either way it’s best to speak to a knowledgeable attorney for help.
Additionally, a passenger injured in a company car can be limited to pursuing a worker’s comp claim. This means you will be unable to receive compensation for pain and suffering.
Each accident is different and all employers’ insurance policies aren’t the same. Our skilled injury lawyers at Bergener Mirejovsky understand that pursuing an injury claim can be complex and frustrating. We will take the time to consider the details of your case and find the best option to pursue.
We are committed to helping you in your time of need. Call us today for a free consultation at 1-800-881-2021.