If you were injured in a crash involving a vehicle you were driving or riding in for work, you may be entitled to workers’ compensation benefits and, depending on the circumstances, may have a claim against another responsible party.
Workplace vehicle crashes can happen while driving a company car, truck, van, delivery vehicle, construction vehicle, or other vehicle used for work. Injuries from these crashes can leave you facing medical treatment, lost wages, and time away from work.
Our North Carolina workers’ compensation lawyers can help you understand your options after a crash involving a workplace vehicle.
With more than 70 years of combined experience, our North Carolina workplace vehicle crash lawyers deliver more.
A workplace vehicle crash is a motor vehicle accident that happens while an employee is driving, riding in, or otherwise using a vehicle for work.
These crashes can happen on public roads, private property, construction sites, parking lots, warehouses, and other work locations.
Workplace vehicle crashes may involve:
A crash involving a workplace vehicle may be covered by workers’ compensation when the employee was acting within the scope of their employment. Depending on who caused the crash and the circumstances surrounding it, an injured worker may also have a separate claim against a negligent third party.
Workplace vehicle crashes can happen for many different reasons. Some common causes include:
Determining what caused the crash can be important when deciding what legal claims may be available.
A crash involving a workplace vehicle can cause serious injuries, including:
Some injuries may not become apparent immediately after a crash. Seeking medical attention and reporting the accident promptly can help protect both your health and your legal rights.
If you were injured while performing work-related duties, you may be entitled to workers’ compensation benefits.
Workers’ compensation may cover medical treatment and provide benefits for lost wages if your injury prevents you from working.
For example, an employee may potentially have a workers’ compensation claim after being injured while:
Whether your particular accident qualifies depends on the circumstances of the crash and what you were doing at the time.
If you are involved in a workplace vehicle crash, there are several steps you should take.
Report the Crash
Notify your employer about the accident as soon as possible and follow your employer’s procedures for reporting workplace injuries. Put all communications to your employer in writing.
Get Medical Treatment
Seek medical attention even if you initially feel okay. Tell your medical provider that the injury occurred while you were working.
Document the Crash
If you are physically able, take photographs of the vehicles, accident scene, road conditions, visible injuries, and anything else that may help document what happened.
Identify Witnesses
Get the names and contact information of anyone who witnessed the crash, when possible.
Preserve Important Information
Keep copies of accident reports, medical records, bills, work restrictions, correspondence from the insurance company, and other documents related to the crash.
Talk to a Lawyer
If you are unsure whether you have a workers’ compensation claim or a separate claim against another driver or company, a lawyer can review the circumstances of your accident.
Depending on your circumstances, workers’ compensation may provide benefits for:
The amount and type of benefits available will depend on the severity of your injuries, your wages, your ability to work, and other factors.
This is an important distinction in workplace vehicle accident cases.
If another driver caused the crash, you may have two separate legal issues to consider.
First, you may be entitled to workers’ compensation benefits because you were injured while working.
Second, you may have a personal injury claim against the at-fault driver or another responsible third party.
These claims work differently and can involve different types of compensation.
For example, a third-party personal injury claim may involve damages that are not available through workers’ compensation.
An attorney can evaluate both potential claims and determine what options may be available.
Potentially, yes.
If another driver’s negligence caused your workplace vehicle crash, you may have a personal injury claim against that driver in addition to your workers’ compensation claim.
For example, if you were making a delivery for your employer and another driver ran a red light and crashed into your vehicle, the circumstances may support both a workers’ compensation claim and a third-party personal injury claim.
The specific facts of the crash matter.
If you were driving a company vehicle while performing your job duties, your injury may qualify for workers’ compensation.
The fact that the vehicle belonged to your employer does not automatically determine whether you have a valid claim. What you were doing at the time of the crash and whether the activity was related to your employment can be important.
If another driver caused the crash, you may also have a claim against that driver.
Employees can also suffer workplace injuries as passengers.
For example, you could be injured while riding with another employee between job sites or while traveling in a work vehicle to perform a job assignment.
Depending on the circumstances, you may be entitled to workers’ compensation benefits.
If another driver caused the crash, a third-party claim may also be possible.
Using your personal vehicle does not automatically mean that your accident is excluded from workers’ compensation.
The circumstances surrounding the trip matter.
For example, there can be a difference between ordinary commuting to and from work and driving somewhere as part of your job duties.
If you were injured while using your personal vehicle for a work-related purpose, it may be worth having an attorney review the circumstances of the accident.
A vehicle that is not properly maintained can create serious safety risks.
If a mechanical problem contributed to your workplace vehicle crash, there may be questions about who was responsible for maintaining the vehicle and whether another party may be legally responsible for your injuries.
For example, a crash involving defective brakes, tires, steering components, or other equipment may require investigation beyond the workers’ compensation claim.
Being partially or completely at fault for causing a crash does not necessarily mean you cannot receive workers’ compensation benefits.
Workers’ compensation generally does not require an injured employee to prove that another person was negligent.
However, there can be additional considerations if you are pursuing a third-party personal injury claim.
If your employer or its insurance company is blaming you for the accident, it is important to understand how that may affect your particular claim.
If your workers’ compensation claim is denied, you may have options for challenging the decision.
An insurance company may dispute whether the accident occurred during employment, whether your injuries were caused by the crash, or whether you are entitled to certain benefits.
A denied claim does not necessarily mean you are out of options.
Our North Carolina workers’ compensation lawyers can review the reason for the denial and explain what steps may be available.
There is no set value for every workplace vehicle crash claim.
Workers’ compensation benefits are generally based on factors such as your wages and the nature and severity of your injury.
If you also have a third-party personal injury claim, the potential value may depend on additional factors, including:
Because workers’ compensation and personal injury claims are different, the potential value of your case depends heavily on the circumstances.
You should report a workplace vehicle crash to your employer as soon as possible.
North Carolina generally requires an employee to provide written notice of an injury by accident to the employer immediately or as soon as practicable, and generally within 30 days.
Waiting to report an accident can create unnecessary complications, particularly if the employer or insurance carrier later disputes whether the accident occurred at work.
North Carolina generally requires a workers’ compensation claim to be filed within two years of an injury by accident, subject to applicable legal requirements and exceptions.
Importantly, notifying your employer about the crash is not necessarily the same as filing a workers’ compensation claim with the North Carolina Industrial Commission.
If you were injured in a workplace vehicle crash, it is best not to wait until the deadline is approaching before learning what steps you need to take.
You may want to speak with a lawyer if:
Having an attorney review the situation can help you understand whether you may have a workers’ compensation claim, a third-party claim, or both.
