Legal Question in Workers Comp in California
Using Personal Vehicle for job related injury
I was using my personal vehicle and was involved in an accident. I was hit and my car is totalled. Would my job be responsible?
2 Answers from Attorneys
Re: Using Personal Vehicle for job related injury
You definitely have a workers' compensation case as a result of the accident. However, whether or not you have a third party claim depends on fault. If the accident was found to be your fault, then you may not have a third party claim, but if it was the fault of the other party, then you do have a third party claim.
As such, your employer should be responsible for your work-related injuries, but usually, your auto insurance company, or the other party's company should pay for the car.
If you do have a third party case, then there are also other considerations, such as, insurance, credit against your workers' comp claim (this may decide whether or not it's worth filing a third party claim.), etc.
All-in-all, there are many complex issues involved with your situation. I will be glad to sort out the issues for you if you call me at 1.877.505.INJURY to set up a free consultation.
Re: Using Personal Vehicle for job related injury
You have a worker's compensation case against your employer and a third party personal injury claim against the other driver of the other vehicle. The liability of each party is different and for different things and may overlap. However, you may file a claim against both. Feel free to call us at 213.388.7070 for a free consultation.