An employment-related car accident occurs when an employee drives a vehicle during the course of their employment. The kind of compensation received for any injuries sustained may depend on whether the vehicle was owned by the employee or the employer or whether the vehicle was being used for employment purposes or personal errands.

Liability

Determining liability for an auto accident that occurred on the job can be complicated. An insurance company will generally pay for any damage to your own personal car and for your medical injuries where the other party is at fault. However, it becomes more complicated when you are partially or entirely negligent or at fault. Furthermore, some insurance policies specifically exclude coverage of car accidents that occur while you are working for another. Others offer such coverage, but only for an increased premium. For accidents involving an employer’s car, the driver’s employer will be liable but the driver himself will not be liable, so long as the employee was driving the car while on the job.

Workers’ Compensation

If you were operating a motor vehicle while working within the scope of your employment, you should be eligible for workers’ compensation benefits. In order to receive benefits, you do not need to prove that another was at fault for the accident. However, the state controls which benefits are available and sets limits on dollar amounts and time allowances for filing claims.

Workers’ compensation is generally the exclusive remedy for an employee injured in the course of employment, as an employee forfeits the right to sue the employer in court in exchange for such benefits. However, in Missouri you may be able to receive workers’ compensation and pursue a third party claim against the other motorist for any injuries you suffer in an accident. Furthermore, as a result of a recent case, you may now be able to bring a claim against a co-employee for his or her negligence.

The Law Offices of Kevin J. Dolley has the experience and trial success necessary to navigate your way through the complicated issues of liability and workers’ compensation relating to auto accidents on the job.

Free Consultation

To set up a free consultation with Attorney Kevin J. Dolley regarding your work-related driving accident injury, please call (314) 645-4100 or email kevin@dolleylaw.com. All legal consultations are held strictly confidential.