Who Pays for an On-the-Job Traffic Accident in PA or NJ?
Carlos is an HVAC repair man. He is on an emergency call to fix a home heating system in Lancaster. He is driving on I-76 when his vehicle skids on patch of black ice and slides off the road and into a concrete wall. Carlos suffers broken ribs and internal injuries.
Lia is a construction laborer in Wilkes-Barre. Her employer sends her to Home Depot to pick up more paint for a project. A large truck sideswipes her vehicle causing it to spin out of control. She suffers cuts, bruises, and a concussion.
David is a delivery driver. He is on his way to Reading when he stops at a red light. The driver behind him is texting and rear ends his vehicle. David suffers a neck injury.
Latonya is returning to New Jersey after a professional conference in New York City. She is driving to her office in Moorestown when a tire blows out on her rental car. She suffers back and shoulder injuries that leave her unable to work.
George is a roofer. He is on his way to an Altoona worksite with a co-worker. The co-worker answers the phone while driving and runs a red light. George is killed at the scene.
If your job involves driving, you are putting your life at risk.
Are you a truck driver, taxi driver, bus driver, delivery person, plumber, carpet installer, painter, general contractor, roofer, police officer, ambulance driver, real estate agent, interior designer, mail carrier, surveyor, or another of the millions of Americans whose job involves driving? Do you consider your job dangerous?
If you spend most of the day behind the wheel, you have a dangerous job. You may not think that selling real estate or installing carpet is particularly dangerous, but driving puts you at risk of an accident. On-the-job traffic accidents are the leading cause of worker death in the U.S.
A Work-Related Car Accidents is an On-the-Job Injury
Both New Jersey and Pennsylvania have a no-fault insurance systems. If you are injured in a car accident, your insurance pays for your medical bills. If you have extensive damages, the other driver’s insurance company may also pay part of your claim. But, on-the-job traffic accidents follow different rules.
If you are hurt in a work-related car accident, your injury is considered an on-the-job injury. That means that your injuries are covered by your employer’s workers’ compensation insurance policy. Worker’s comp is no-fault, so your medical bills are covered – even if you caused the crash.
But, if someone else caused the accident, your rights may extend beyond worker’s compensation.
Third-Party Compensation for Work Related Motor Vehicle Accidents
Worker’s Compensation law prevents an employee from suing his employer for an on-the-job injury. However, you have a right to file a personal injury lawsuit against any third-party who causes you to be hurt while at work. This means that if you are injured in an on the-job traffic accident, you can file a claim against the negligent driver who caused the crash. A lawsuit against a drunk or reckless driver may provide better compensation than your workers’ compensation claim. Workers’ compensation covers your medical bills and a portion of your lost wages. A personal injury lawsuit will also cover your pain and suffering and property damage.
It is possible to file a workers compensation claim and a civil claim; however, if your civil lawsuit is successful, your employer may seek reimbursement for your workers compensation benefits.
What’s the right option for you? It will depend on the cause of the accident. If you have been injured in an on-the-job traffic accident, please contact the work site injury attorneys at Ostroff Injury Law. Our attorneys are happy to explain your rights. Call us at (800) 818-8148 and ask to schedule a free consultation.