Car Accident While Driving for Work on Long Island

If you get into a car accident while driving your own car, you probably are aware that you can file a claim against the at-fault driver. But what happens if you are in a motor vehicle accident while working?

On-the-job injuries are usually covered by workers’ compensation in New York. However, if your injuries were caused by a third party – such as a negligent driver – then you may be able to file a personal injury claim against them. A Long Island car accident lawyer will evaluate your case and help you understand your rights so that you can recover maximum compensation for injuries.

The Odierno Law Firm advocates for injury victims throughout Long Island, including those who have been hurt at work and in car crashes. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a member of our legal team, reach out to our law offices today.

Will Workers’ Compensation Cover My Work Car Accident?

In New York, workers’ compensation pays for work-related accidents and occupational illnesses. Generally, if you are hurt while working, then you will be able to file a workers’ comp claim with your employer’s insurance company. Workers’ comp is no-fault, which means that you do not have to prove that your employer did something wrong to recover.

Workers’ compensation benefits include health care, lost wages, and survivor benefits for family members of employees killed in on-the-job accidents. Injured workers can receive medical treatment through an authorized healthcare provider. They may also be entitled to a portion of their lost wages based on their average weekly wage and degree of disability. Workers’ comp does not pay for other types of losses, such as pain and suffering or emotional distress.

Importantly, workers’ compensation is an exclusive remedy. This means that in most cases, you cannot sue your employer if you are hurt at work. However, you may still be able to file a lawsuit against a third party who caused your injuries.

If you are hurt in a motor vehicle accident while at work, then you will likely be able to file a workers’ compensation claim with your employer. This includes accidents involving both work and personal vehicles. The key is that you were carrying out official work duties when the accident occurred.

For example, if you were running an errand for your boss in your personal vehicle when another car rear-ended you at a red light, you could file a workers’ compensation claim. Similarly, if your work truck was hit by a distracted driver when you were traveling to a job site, you could file a workers’ comp claim. However, if the accident occurred during your regular daily commute between your house and work, you won’t be able to file a claim. 

If you aren’t sure whether your work-related car accident will be covered by workers’ compensation, your best option is to talk to a Long Island workplace injury attorney. They can help you understand your rights and options, which may also include filing a personal injury claim against the at-fault driver.

Can I File a Personal Injury Lawsuit for My Work Car Accident?

If your car accident was caused by another driver, then you may be able to file a personal injury lawsuit against them. This type of claim will initially be filed with their insurance company. If necessary, then your New York car accident lawyer will file a lawsuit to protect your rights.

Car accident claims fall into the broad category of personal injury law. As a general rule, you will need to prove that the other driver was responsible for the accident. Usually, this requires proof that they were negligent (careless) in some way. In some cases, a car accident claim is based on intentional or reckless conduct, such as drunk driving.

The requirement to prove fault is a big difference between workers’ comp and personal injury claims. Another difference is the compensation available in these cases.

Workers’ compensation benefits are limited to medical care and lost wages in most cases. In a personal injury claim, you can seek financial compensation for all of your losses. This may include:

1. Economic damages pay for direct financial losses. Economic damages include property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. Some of these damages may be included in a workers’ comp claim.
2. Non-economic damages cover intangible losses. They include things such as pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. Non-economic damages are never part of a workers’ compensation case.
3. Punitive damages punish someone who engaged in intentional or reckless conduct. These damages are only available through a personal injury lawsuit.

While it is often easier to recover compensation through a workers’ comp claim, the potential recovery is usually much smaller. For this reason, it is a good idea to consult with a Long Island car accident attorney about your case.

If another driver caused your car accident while you were working, you can potentially file both a workers’ compensation claim with your employer as well as a third-party personal injury lawsuit against the at-fault driver. In this way, you will be able to recover maximum compensation for your injuries.

These cases can be complicated. If you have any questions about your work-related car accident, reach out to The Odierno Law Firm to talk to a Long Island personal injury lawyer.

Reach Out for a Free Consultation

Being hurt in an accident of any kind can be scary. When an accident happens at work, you may be unsure of what you can do. In some situations, you may be able to pursue both a workers’ compensation claim and a personal injury claim with the help of a Long Island car accident attorney.

Based in Melville, The Odierno Law Firm represents clients who have been hurt in all types of accidents, including car crashes and workplace injuries. We have significant experience handling both workers’ comp and personal injury claims, which we put to work to help our clients get the money that they deserve for their injuries. To learn more or to schedule a free consultation with a Long Island car accident lawyer, give us a call at 631-994-1868 or fill out our online contact form.