Many people are required to drive for work, which can make things complicated if you get into a car accident while working in Camas, WA. Being on the clock at the time of the accident can change many aspects of filing a claim, such as who is liable, the type of compensation you can receive, and the type of claim you should file.
If you have sustained a car accident injury while driving for work, you need to seek representation from a Camas personal injury lawyer. At Henderson Taylor Law Firm, our team of car accident lawyers has extensive experience representing victims of car accidents, including those injured while on the job.
Keep reading to find out how to file a work-related car accident claim in Washington and how this process differs from normal car accidents.
What to Do If You Are In an Auto Accident While Driving For Work
If you are in an employee vehicle accident, you will need to evaluate your legal options. However, the first steps you need to take directly after the accident will look the same, no matter the type of accident or who is involved.
Firstly, you need to make sure you aren’t seriously injured, navigate off the roadway, and call 911. Even if you don’t notice any immediate injuries, it’s still best to request medical care just to be safe. Doing so can also help to identify any injuries as a result of the accident, which will help support your claim later on.
You will need to exchange contact and insurance information with the other involved parties, and you should try to collect evidence if possible. Try to take photos and videos of the collision scene and any damage, and get the contact information of any nearby witnesses.
As soon as possible, you also need to call your employer to let them know about the accident and whether or not you have any injuries.
Personal Injury Claims Vs. Workers’ Compensation Claims
Although work-related car accident claims in Washington can be more complex, they can also come with some additional benefits. For instance, if you are in a car accident while working in Camas, WA, you may be able to file a personal injury claim and a workers’ compensation claim.
A personal injury claim is a standard option available to those who have been injured in a car accident, allowing them to get compensation to cover their expenses. This can help you get compensation after a work vehicle accident through either your employer’s insurance or the insurance of a third party.
Whereas a workers’ compensation claim allows you to take advantage of benefits that all Washington employees have access to. It provides certain protection for employees in instances where they are injured on the job, helping to cover things like medical care, disability, and lost wages.
Who Can be Held Liable For A Car Accident Injury While on the Job?
Washington has a legal principle in place known as vicarious liability that specifically applies to work-related accidents. Vicarious liability means that if you get into an accident while performing work-related tasks, it’s possible for your employer to be held liable for your damages.
Usually, an employer will be liable if they are found to have violated any labor or safety laws in Washington state. For example, they may not have provided you with an adequately serviced work vehicle, or they may have required you to drive too many hours at a time.
Keep in mind that it isn’t uncommon for employers to take employees to court to avoid liability for work-related accidents. That is why it’s strongly recommended that you seek representation from a Camas personal injury lawyer for a workplace crash to better protect your right to compensation.
Filing Dual Claims in Camas, Washington
Even for work-related car accidents, there is a silver lining. As an employee, you have the right to file both a workers’ compensation and a personal injury claim. An additional benefit employees have is that in Washington, workers’ compensation benefits are no fault, so you can receive benefits even if you were fully or partially at fault for the accident.
The thing to understand about filing dual claims in Camas, Washington, is that this is only allowed under certain conditions. For example, when you file for workers’ compensation, this provides certain protections for your employer. This basically removes your employer’s responsibility for things that contributed to your injury, such as the involvement of a coworker or a work vehicle malfunction.
So, you wouldn’t be able to file a personal injury claim against your employer or a coworker, even if they directly contributed to the accident. But you do have the option of doing this if an outside third-party holds liability. An example of this is if another driver directly contributed to the accident and is in no way connected to your employer.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
If you are injured from a car accident while working in Camas, WA, the process of getting compensation will look a bit different. And although this may seem more complex, this doesn’t change the fact that you are still entitled to receive damages to help you recover physically and financially.
At Henderson Taylor Law Firm, our experienced car accident lawyers are committed to defending the downtrodden and helping our clients get the best possible outcome for their claim. For expert representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I file both a workers’ comp claim and a personal injury claim?
Yes, but only if there is a third party involved.
What if the accident was partially my fault?
Washington is a no-fault state when it comes to workers’ compensation, so holding partial liability for the accident won’t impact your workers’ comp claim. However, this may impact your ability to file a personal injury lawsuit.
Does my employer’s insurance cover everything?
As long as you aren’t at fault for the accident, your employer’s insurance will usually cover most types of property and physical damage.