- November 17, 2022
- In auto Accidents,work Injury,workers Comp
It is now a well-documented reality that truck drivers suffer high rates of work-related injuries due to the nature of their occupations. Yet, neither government reports nor media coverage adequately address how commonplace it is for many different kinds of workers to suffer harm from work-related auto accidents. You don’t need to drive a truck, a cab, or another vehicle to risk occupational harm from an auto accident. You simply need to either work near a road or travel for work-related reasons in any capacity to be vulnerable to harm caused by crashes.
It’s important to understand that workers often have different legal and financial recourse opportunities than they would if their accident-related harm wasn’t connected to occupational activities. It’s also important to understand that some work-related injury compensation may only be made available if applied within an (arguably) unreasonably short window. Therefore, if you’ve been hurt due to a work-related auto accident, you’ll want to act fast to explore your legal options. If you fail to take specific actions within several days after your crash, you may be barred from seeking some forms of compensation that would otherwise be rightfully yours.
Workers’ Compensation Benefits
Suppose you’re eligible for workers’ compensation benefits. In that case, you’ll be entitled to these benefits due to your accident, provided that you didn’t cause it due to rage, intoxication, or a purposeful attempt to defraud the workers’ comp system. These are the three notable exceptions to the no-fault foundation of the workers’ comp process. Otherwise, any work-related injury or occupational illness renders an eligible workers’ comp recipient qualified for benefits.
That said, it can be harder to prove that an offsite crash was work-related than to prove that an onsite injury is work-related. This is one of the many reasons why it’s essential to connect with an attorney before preparing a workers’ comp benefits application. You’ll want to ensure that your application is complete and fully supported before submitting it, or you’ll risk rejection or devaluation of your claim.
Filing A Personal Injury Lawsuit
Regardless of your workers’ compensation benefits eligibility, you can file a personal injury lawsuit if another’s recklessness, negligence, or intentionally dangerous conduct directly contributed to your harm’s cause(s). The only party that cannot be named as a defendant in your lawsuit is your employer (if you’re eligible for workers’ comp benefits). This restriction exists because employers who pay for workers’ compensation coverage on behalf of their eligible employees are protected from legal action if they suffer work-related harm while on the job or otherwise engaging in activities related to their employment.
Partial Fault Considerations
Suppose you were partially responsible for your work-related accident. In that case, the amount of personal injury compensation you can recover will be reduced by the percentage of fault you’re assigned. For example, if the value of your harm is $150,000 and you’ve been given 33% of the blame for your crash, you’ll be able to pursue up to $100,000 from other parties partially responsible for your harm. Individuals, companies, and other entities may be named defendants in a personal injury lawsuit.
Notice that while the compensation you’ll receive will be reduced proportionately to your degree of fault, you remain empowered to seek damages from others even if you’re partially to blame for what happened. This is because, unlike many other states, California embraces a legal theory called pure comparative fault. In most other states, you’d be barred from seeking compensation if you were 50% or more at fault for what happened to you.
Negotiating With Insurance Companies
Because your work-related accident involves at least one motor vehicle, chances are good that you’ll need to negotiate at least one insurance settlement. Instead of shouldering the stress of dealing with insurance representatives on your own, let us complete this time-intensive and arduous task on your behalf.
Insurance negotiation is sensitive, as insurance companies aggressively safeguard their profit margins. We understand how insurance companies seek to devalue claims so that they can keep more of their money in their pockets. We won’t allow representatives to get away with such efforts and will do our utmost to maximize your compensation.
Contact An Experienced California Personal Injury Attorney At Our Firm Today For Free
You work hard for a living. Understand that any pressure you may be facing to “tough out” your injury is the pressure you should ignore. The legal protections and opportunities for compensation afforded to you by law were hard-won by generations of dedicated workers like you. These protections exist for a reason. If you’re in a position to benefit from them, don’t hesitate to do so, as you wouldn’t be able to take advantage of these benefits if you hadn’t been hurt while responsibly tending to work-related activities in the first place.
Allow us to assist you in obtaining any compensation to which you may be entitled. By accepting our personalized guidance and support, you’ll free up your energy and resources to focus on healing while we aggressively advocate for your interests. Instead of suffering financial burdens due to work-related harm, rest up while we seek the compensation you’re rightfully owed. Then, you can get back to work when you’re adequately healed.
To learn more about your rights and options and our firm’s approach to representation, schedule a risk-free, no-cost, confidential case evaluation with the dedicated legal team at The Law Offices of Samer Habbas & Associates, PC, today. You can call (888) 848-5084 or contact us online to set up your appointment. We look forward to speaking with you.
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