Who Is At Fault in a Work-Travel Injury Case?

Millions of American employees must travel to complete their necessary work-related duties. Unfortunately, work-travel injuries happen more frequently than you may realize. Auto accidents are a leading cause of work-related deaths, and CDC data shows that U.S. employers spent $25 billion as a result of workplace vehicle accidents in a single year. Whether the accident was minor or life-threatening, employees deserve to pursue the benefits to which they are entitled. However, employees may wonder, who is at fault for the injuries?

The answer depends heavily on the circumstance at hand. Saks, Robinson & Rittenberg, Ltd. provides insight into your workplace auto accident case. Below, we outline what employees should know about how fault can be determined in their case. 

Is My Accident Considered a Work-Travel Accident?

If you were hurt while traveling for work, it’s important to know whether your case is considered an on-the-job car accident. There are several details that can be used to prove that the injuries happened while you were working:

• You are registered as an employee and not an independent contractor or another unofficial role. 
• The injury must have happened while you were working, which usually excludes accidents that happen during your commute. 
• The injury wasn’t the result of intoxication or a major criminal offense on your part.

Our attorneys can help you confirm that your accident falls under the above provisions, therefore allowing you to file for workers’ compensation. 

Understanding Your Employer’s Responsibilities

Typically, employers are responsible for car accidents that occur while the employee was acting within their work-related expectations. For instance, a delivery driver may be entitled to compensation if the accident resulted during a routine workday. That being said, employers are not responsible for accidents happening outside of designated work hours, which may include lunch breaks or commuting, which are determined by a “coming and going” rule. 

If you qualify for workers’ compensation, the benefits you receive will cover any medical expenses you face due to your injuries. 

Claims Against a Negligent Third Party

If the injuries sustained in a work-travel accident are not covered by your employer, it may be possible to seek compensation through a claim against a liable third party. Usually, you are able to do so if another driver, which is unaffiliated with your employer, is liable for the accident. In order for your claim to be successful, you must work alongside a skilled attorney who can assist you in creating a strong case that demonstrates negligence. We work hard to achieve a fair settlement for our clients and are here to represent your best interests in court.

If your injuries are shown to be the result of a third party’s negligence, you may be able to recover compensation for lost wages along with damages related to pain, disfigurement and emotional suffering. 

Review Your Case With an Attorney

Determining who is at fault in a work-related car accident isn’t always straightforward, so you’ll want to discuss your situation with a knowledgeable attorney. Saks, Robinson & Rittenberg, Ltd. delivers reliable legal guidance to help you work towards the resolution you need. Call our firm to schedule a consultation today.