What Happens If You Are Injured in a Work-Related Car Accident in Modesto?
Getting hurt in a car accident is difficult enough on its own. But what happens when that accident occurs while you are on the job? Many Modesto workers are surprised to discover that being injured in a work-related car accident is not handled quite the same way as a typical crash. The rules are different, there may be more than one avenue for recovery, and the decisions you make early on can have a real impact on what happens with your case later.
Work-Related Car Accidents and How California Law Treats Them
If you are injured in a car accident while performing work duties, California law may give you access to more than one path for recovery. Workers’ compensation benefits may be available to cover things like medical treatment and a portion of lost wages. However, workers’ compensation does not cover everything. It generally does not address pain and suffering or full wage replacement, for example.
Under California law, if another driver caused your accident, you may also have the right to pursue a separate personal injury claim against that at-fault party, independent of any workers’ compensation benefits you might receive. California Labor Code Section 3852 specifically preserves an injured worker’s right to bring a civil action against a third party whose negligence caused the injury, even while a workers’ compensation claim is also open. These two paths can run at the same time, and understanding that both may be available is an important starting point.
What Types of Situations Can Qualify as a Work-Related Car Accident?
Not every accident that happens while you are in a car is automatically a work-related accident, and not every work-related accident is treated the same way. Some common situations that may qualify include:
- Driving between job sites or making deliveries during your shift
- Running a work errand at your employer’s direction
- Traveling as part of your job duties in a company vehicle
- Being a passenger in a vehicle driven by a coworker for a work purpose
- Commuting in certain situations where the commute itself is considered part of the job
Whether a specific situation qualifies as a work-related accident under California law depends on the facts involved. The line between what counts as within the scope of employment and what does not can sometimes be contested, and how those facts are documented matters.
Why Acting Quickly After a Work-Related Car Accident Is Important
Time is a significant factor in these cases for more than one reason. California’s general statute of limitations for personal injury claims is two years from the date of injury, as set forth in California Code of Civil Procedure Section 335.1. However, if a government entity may be involved, such as in situations where a poorly maintained public road contributed to the crash, the deadline to file a government tort claim can be as short as six months. Missing that window could permanently affect your ability to pursue compensation from that entity.
Beyond legal deadlines, evidence from the accident scene, witness recollections, vehicle data, and other documentation can become harder to obtain as time passes. Taking steps to preserve evidence and understand your options as early as possible can help protect your ability to move forward.
Get Help from a Modesto Work-Related Car Accident Lawyer
Work-related car accident cases in Modesto involve a unique set of considerations that can make them more complex than they might first appear. If you or a loved one has been injured in this type of accident, speaking with experienced Modesto work-related car accident lawyers can help you better understand what options may be available to you. At The Law Firm of R. Sam, we fight for injured workers and their families in Modesto and Stockton, California. Contact The Law Firm of R. Sam today to speak with a lawyer about your case now.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3852.&lawCode=LAB