Instead of working in an office every day, many people must travel as part of their jobs. This often means employees spend a lot of time on the road. If a car accident occurs, the employee may be seriously injured, but pursuing legal action to obtain compensation can be tricky.
Since you were injured while in furtherance of your job duties, you may be eligible for Workers’ Compensation. This also means you likely cannot sue your employer for the accident, because employees generally cannot sue their employers for work-related accidents under Workers’ Compensation laws. Even so, you may be able to sue the person who caused the accident and possibly others.
Get a private case review for free from our New Jersey work injury attorneys by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
How Do I Get Compensation for a Work-Related Car Accident in New Jersey?
Ordinarily, injured drivers can sue for damages after a car accident, but the issue becomes complicated when the accident is work-related.
Workers’ Compensation Restrictions
When employees in New Jersey are injured in work-related accidents, they may be eligible for Workers’ Compensation benefits. These benefits include medical costs and a portion of the income you lose while you are unable to work.
Workers’ Compensation is limited and does not cover damages such as pain and suffering. If you need additional damages covered, you may consider filing a lawsuit. Our legal team can handle your Workers’ Compensation claims and your injury lawsuit.
Can You Sue Your Employer?
Under Workers’ Compensation laws, employees may not sue their employers for work-related accidents, and Workers’ Comp is the sole legal remedy against the employer.
This may mean that you cannot sue your employer for the car accident if you were working in furtherance of your regular job duties when the accident happened. However, it may be possible to sue other parties who contributed to the accident.
Can You File an Auto Insurance Claim for a Work-Related Car Accident?
Generally, yes, you can file an auto insurance claim for a car accident, even if it was work-related. Workers’ Compensation does not restrict you from filing other insurance claims, but you typically cannot recover compensation for the same damages twice.
While Workers’ Compensation typically covers medical bills and a portion of lost wages, an auto insurance claim may help cover additional damages, like vehicle repairs.
When Can You Sue Your Employer for a Work-Related Car Accident?
Although Workers’ Compensation laws may prevent an employee from suing their employer for work-related accidents, there are several exceptions to this rule.
Your Employer Does Not Provide Workers’ Compensation
Employers are legally required to carry the insurance necessary to provide injured employees with Workers’ Compensation. While an injured employee normally cannot sue their employer for a work-related accident, they may do so if their injuries are the result of their employer’s “intentional wrongs.”
Generally, injured workers should explore other options before filing a lawsuit. More specifically, you may be able to obtain compensation from the Uninsured Employer’s Fund (UEF). If funds are unavailable, you should speak to a lawyer about suing your employer.
Intentional Wrongs of Your Employer
Even if your employer carries the necessary insurance, you may still sue them for a work-related car accident if the accident stems from their “intentional wrongs.”
Intentional wrongs are more than mere negligence by an employer. It involves taking or failing to take action in a way that they know is substantially likely to cause harm to an employee. Also, the injury itself must be more than a common or known hazard of the trade. Finally, the injury and accident should be clearly beyond anything that the legislature intended for Workers’ Compensation to cover.
An employer cannot avoid liability for their wrongful actions by hiding behind Workers’ Compensation laws.
Suing for a Work-Related Auto Accident Against Someone Other Than Your Employer
Even if you cannot sue your employer, a lawsuit may still result from a work-related car accident.
Other Drivers
You can sue the at-fault driver who caused the accident if you can get around New Jersey’s no-fault auto insurance rules, especially if the at-fault driver has nothing to do with your job or employer. Filing a lawsuit against them may help you recover damages that might not be available through insurance, like damages for pain and suffering.
In New Jersey, no-fault rules require you to choose a limited or unlimited right to sue when you purchase car insurance. With a limited right to sue, you may sue only if you have serious injuries as defined by law. With an unlimited right to sue, you do not have to prove serious injuries to be able to sue.
Other Drivers’ Employers
If the at-fault driver was also working at the time of the accident, you may be able to include their employer in the lawsuit. Remember, employees often cannot sue their employers for work-related accidents, but you may sue someone else’s employer.
This may be possible if the at-fault driver was a delivery driver, a trucker, or other commercial driver and was on duty when they caused the accident. Their employer may be held vicariously liable for the accident.
Vehicle Manufacturers
Some accidents are not caused by negligent drivers but by faulty car parts. Maybe the brakes on your vehicle or the other driver’s vehicle failed. If our New Jersey work injury attorneys have evidence that something about the vehicle was defective, we may be able to sue the manufacturer for damages.
FAQs About Lawsuits for Work-Related Car Accidents
Can You File a Lawsuit for a Work-Related Car Accident?
Possibly. After an accident at work or an accident that is related to your work, you may be able to sue those responsible. However, laws surrounding Workers’ Compensation may restrict you from suing certain people, like your employer, for a work-related injury. Even so, other defendants may be available.
Can You Sue Your Employer for a Work-Related Car Accident?
Generally, no. An injured employee cannot sue their employer for a work-related accident due to restrictions under Workers’ Compensation laws. However, under special conditions, you may sue your employer. For example, if they lack the insurance needed to provide Workers’ Compensation benefits, or your employer deliberately caused or allowed the accident to happen, you may be able to sue them.
Can You Sue for a Work-Related Car Accident if You Are Partially Responsible?
Possibly. If you can sue for a work accident, such as a lawsuit against a third party, you may still sue if you are partly responsible, but only to a certain extent. According to the New Jersey laws of modified comparative negligence, you may still sue, but your damages may be reduced according to your share of fault. If your fault exceeds 50%, you may not recover anything.
What Damages Can You Recover in a Work-Related Vehicle Accident Case?
You may recover damages for things like medical bills, lost wages, property damage, pain and suffering, and more, depending on your case. Workers’ Comp benefits often cover medical costs and a portion of lost earnings. If you can sue for additional damages, you may recover compensation for pain, suffering, and more.
You cannot recover compensation twice for the same damages. So, if you recover damages for medical bills from both Workers’ Comp and a lawsuit, the insurance company that paid you Workers’ Comp may file a subrogation claim to recover the money they paid. The auto insurance company that may have covered some of your damages can also subrogate.
How Do You Start a Lawsuit for a Work-Related Car Accident?
You can begin your lawsuit by asking a lawyer for help. Your attorney can explain your legal options and whether you are even able to sue anyone for a work-related accident. If you can, they can help you gather evidence, assess damages, and build a strong case.
Talk to Our New Jersey Work Injury Attorneys About Your Work-Related Car Accident
Get a private case review for free from our New Jersey work injury attorneys by calling Agrapidis & Maroules, P.C. at (201) 777-1111.