Many jobs come with a company car, whether you are making deliveries, commuting to a work location, or driving clients. But accidents may occur anytime.
When you are injured during the use of a vehicle that is owned or was supplied by your employer, the compensation seeking process may be more complicated than an ordinary car accident. Here’s what you need to know.
Workers Compensation –
Generally speaking, when you are injured whilst driving a company car during the discharge of your employment, you might have worker’s compensation cover. This is irrespective of whose fault it was that caused the accident. Workers comp normally covers:
Medical treatment of accident related injuries –
- Replacement benefits when you cannot work because of a wage.
- Rehabilitation services where necessary to recover.
- Non-economic damages such as pain and suffering are, however, normally not covered by workers comp.
Third-Party Claims
Provided that the accident was caused by another driver, you can also commence third-party personal injury claim on top of a worker’s compensation. With this kind of claim, you can obtain compensation because of:
- Pain and suffering
- Emotional distress
- Complete loss of wages and earning capacity.
- Workers comp exclusion costs.
- When making a workers-compensation claim and a third-party claim, you will be maximizing your recovery.
When Workers’ Compensation May Not Apply?
Certainly, there are instances when workers comp does not cover your injuries and these are:
When you were using the vehicle to do personal errands that had no relation to work.
Are you involved in a wrongdoing (e.g. driving under the influence)?
When you were off duty and not working on the job.
You might still be in a position to sue the at-fault driver under personal injury in those instances, but employer benefits may be restricted.
Considerations of employer liability –
It is also possible that there are situations where your employer will share the liability. For example:
- In case the company vehicle was not well maintained.
- Suppose you were required to drive under unfavorable circumstances.
- Suppose you were put under pressure to violate traffic regulations so that deadlines could be met.
It may be necessary to seek the advice of a lawyer in such cases as the relationships between workers comp and liability law may be a tricky situation to hold an employer accountable.
What to do when an accident occurs in a company car?
When an accident happens when you are operating a company car on the road, follow these steps:
- Go to the doctor as soon as possible- save your own health.
- Notify your employer of the accident.
- Take notes of the scene in terms of photos, witness data and a police report.
- Note down all medical treatment and cost.
- Talk to a Lawyer to discuss workers comp and third-party claim.
Why Legal Help Matters?
The thing is that the accidents with the company cars always bring to mind some unusual questions:
Who is to blame?
What insurance applies?
Is it possible to do workers compensation and a lawsuit? With an experienced personal injury lawyer Perth on your side, you will not leave a single dime of the compensation you deserve.
Final Thoughts
Getting hurt in a company car does not just hurt your health, but your job, and your money, not to mention your family. The initial step towards protecting yourself is to understand what your rights are. Whether you were injured in a company car accident or not, you should consult with a Lawyer who can guide you through worker’s compensation and any other personal injury claims.