If you are driving for work and get into an accident, you might be a bit confused about what the next steps are. Is this considered an on-the-job car accident? Do you file a workers’ compensation claim or sue the other driver? A New Jersey work injury lawyer from our firm can take a closer look at your case and help you figure out what you should do.
Do I Get Workers’ Comp If I’m Injured On-The-Job?
If you were driving for work, you should get workers’ compensation. Whether you were on the road to meet with a client or you were just running an errand for your boss during work hours, you were working. You may not have been in an accident if not for your job, so this is exactly what your employer’s workers’ compensation insurance is for. You need to get medical care right away and report the injury to your employer as soon as possible so that they can notify their insurer.
What Should I Do After An On-The-Job Car Accident?
Those are not the only steps you should take after an on-the-job car accident. You should treat this crash like any other. You should:
- Call the police to the scene
- Take pictures of the accident scene, the damaged vehicles, and any injuries
- Exchange info with other drivers and witnesses
- Avoid saying anything that would admit fault
Is a Crash On My Commute An On-The-Job Car Accident?
Unfortunately, a crash on the way to work or on your way home would not be considered an on-the-job car accident. You would not be eligible for workers’ comp, but you could file a third-party claim against another driver and their insurer.
Can I Sue Other Drivers Involved In The Accident?
We should also note that you can actually sue another driver even if you get workers’ compensation. If you believe that someone else caused the accident through their own actions or negligence, then you should hold them accountable.
A personal injury suit can win you more damages, like compensation for pain and suffering, but the burden of proof is harder to meet. When it comes to workers’ comp, you just need to show that you were hurt while working. To win a lawsuit, you must prove that the other driver was negligent.
Do I Need an Attorney?
A knowledgeable attorney from our firm can help you file for workers’ compensation. We can also help you if you decide to sue another driver for damages. Building a personal injury case on your own can be tough, but our lawyers will do their best to gather evidence, talk to witnesses, and do whatever it takes to show that you are owed compensation.
Contact Our Law Firm Today
Whether you are filing a workers’ comp claim or making a third-party injury claim, our experienced personal injury attorneys are ready to assist you. Contact the Law Office of Craig M. Rothenberg and schedule a free case consultation today.