Have you been injured in a car accident while on the job in Florence? If so, you’re probably wondering what to do next. Knowing where to turn can be overwhelming, particularly if you’ve never been in a similar situation before. Fortunately, you may be entitled to substantial compensation for your losses, including medical bills, lost wages, pain, and suffering.
Depending on the circumstances, you could obtain financial relief through the workers’ compensation system or a third-party insurance claim or lawsuit. To learn more about what you could be entitled to and how you can demand it, contact the knowledgeable team at Jebaily Law Firm for a free initial case review.
What Is a Third-Party Car Accident Lawsuit?
Depending on the circumstances of an on-the-job car accident, someone other than you or your employer could be liable for your injuries and related losses. That could be the case if, for example:
- Another driver crashes into you while you are running work errands.
- Another driver crashes into you as you are driving a commercial vehicle.
- A motorist collides with you as you are working in a highway work zone.
- A motorist hits you while you are on company property.
If you’re injured in a car accident while on the job, and someone other than your employer or a co-worker was to blame, you likely have the right to file suit against that individual. This is known as a third-party lawsuit, which can provide you with a greater range of compensation than workers’ comp benefits – including the full extent of your lost wages, as well as compensation for pain and suffering.
In most cases, the first step to seeking this compensation is filing an insurance claim against the at-fault party’s insurer. However, if the third party’s insurance policy doesn’t sufficiently cover your expenses, or the company denies your claim, it may be necessary to move forward with a lawsuit.
When to File a Third-Party Lawsuit After a Car Accident
How do you know when to file a third-party car accident lawsuit in addition to filing for workers’ compensation benefits? First, keep in mind that workers’ comp is a no-fault system meant to help injured workers while protecting employers from lawsuits. It provides benefits that are available regardless of who was at fault for your injuries – provided that you were injured in the course of your employment.
While you are entitled to these benefits no matter how your work-related car accident occurred, they cover only necessary medical care and a portion of your lost wages.
On the other hand, the money you could receive through a third-party lawsuit is intended to reimburse you for all of the losses that you suffered because of the other party’s negligence.
When is it time to file a third-party lawsuit after a car accident? You should consider doing so if:
- The accident happened while you were on the job but was caused by someone other than your employer or co-workers.
- You suffered injuries due to the accident.
- The other motorist’s insurance refuses to pay for your valid injury claim.
- The insurance company attempts to minimize the value of your claim unfairly.
Workers’ Compensation Claims vs. Third-Party Lawsuits
Workers’ compensation claims and third-party lawsuits are similar, so it’s easy to get confused. However, each type of claim has key distinguishing elements.
In a workers’ compensation claim:
- Only eligible employees can claim benefits, and only for work-related injuries.
- Eligible employees are entitled to no-fault benefits, which means there is no obligation to prove that anyone was at fault to obtain compensation.
- Benefits cover medical costs and a portion of lost wages, but generally little else.
In contrast, in a third-party personal injury lawsuit:
- Any legal adult can file a personal injury lawsuit for any type of injury.
- The claimant must provide evidence to demonstrate that another party was at fault for their injuries and, therefore, must compensate the claimant.
- Monetary damages are available for medical expenses, the total value of lost wages, projected future losses, and intangible losses like pain and suffering.
Remember that if you are covered by your employer’s workers’ comp insurance, you are typically prohibited from filing a lawsuit directly against your employer. The only exceptions involve employers who act with intentional malice or extreme recklessness.
Evidence Necessary in a Third-Party Car Accident Lawsuit
Should you choose to file a third-party lawsuit after a work-related car accident in Florence, you must be able to demonstrate that the other party’s negligent actions or inaction directly contributed to the accident and that you were injured as a result. Depending on the circumstances, you could present evidence like:
- Photos of vehicle damage and the scene of the crash
- Videos of the collision from dash cams or traffic cameras
- Details and descriptions from official police accident reports
- Statements from co-workers or other witnesses who saw the collision
- Testimony from experts, such as accident reconstruction specialists
How Our Lawyers Help People Injured in Work-Related Car Crashes
When you work with the trusted team at Jebaily Law Firm, you can rest easy knowing that you have more than 50 years of legal experience on your side. We can help you by:
- Addressing your concerns and evaluating your case during a free consultation
- Helping you understand your options and providing dependable legal advice
- Investigating the circumstances of the accident
- Communicating with employers, insurers, and third parties on your behalf
- Obtaining medical records, crash reports, and other hard-to-find evidence
- Working with witnesses and experts to obtain valuable testimony for your case
- Negotiating aggressively to maximize the value of your final settlement
- Taking your case to court if a fair settlement can’t be reached
Contact Our Experienced Car Accident Lawyers for Help Today
If you have been injured in an occupational car accident and a third party is to blame, reach out to the respected attorneys at Jebaily Law Firm. We believe in hard work, open communication, and the highest standard of care for our clients. We’re ready to answer your questions and review your case during a free initial consultation.