Auto accidents are traumatic under any circumstances, but when they do occur on the job, the situation becomes even more complicated. Employees injured in work-related car accidents often deal with injuries that prevent them returning to work, emotional stress and financial strain. In these cases, knowing your legal rights, responsibilities and the appropriate steps to take after such a traumatic event, can help ensure your health is protected and that you receive maximum compensation for your losses.
Here are some detailed steps on what to do if you’re injured in an auto accident while working.
1. Prioritize your safety and seek prompt medical attention:
Immediately after the accident, your first priority should be safety. If possible, move your vehicle out of harm’s way and turn on your hazard lights. Check yourself and others for injuries. Call emergency services if anyone is hurt, even if the injuries seem minor.
It would be in your best interest to get a medical evaluation after a work-related auto accident, even if you “feel fine.” Some injuries like whiplash or internal bleeding, may not present symptoms immediately. Medical records from this initial visit will also serve as vital documentation for your workers’ compensation or personal injury claim.
2. Notify your employer as soon as possible:
After seeking medical care, inform your employer about the accident as soon as possible. Most states have strict deadlines for reporting work-related injuries. In New York State, workers must report their job-related injuries within 30 days of the accident. Information that you provide to your employer will typically include:
- The time and location of the accident
- Names of other involved parties or witnesses
- Description of injuries
- How the accident occurred in the context of your work duties
3. Document the scene and your injuries:
If you’re physically able, gather evidence at the accident scene. This includes:
- Photographs of the vehicles, road conditions, and surroundings
- Contact and insurance information for the other driver
- Witness statements and their contact details
- A copy of the police report or incident number
Continue to document your injuries by taking photos and maintaining a journal. Track all medical visits, treatments and how the injury impacts your daily life and work.
4. File a workers’ compensation claim
In most cases, if you were performing job duties when the accident occurred — such as making deliveries, driving a company vehicle, or traveling between work sites — you’re entitled to workers’ compensation benefits, which often includes medical expenses and some lost wages.
You don’t need to prove fault to receive workers’ compensation. However, it must be clear that the accident occurred during the course of your employment. Your employer or their insurance company will provide you with the forms and instructions to file the claim. Be thorough and accurate in completing these documents.
5. Consider a third-party personal injury claim
Workers’ compensation limits your ability to sue your employer or co-employees for negligence (carelessness), but if a third party caused the accident — such as another driver or a vehicle manufacturer — you may be able to file a personal injury claim against them. A successful personal injury lawsuit will allow you to recover damages not covered by workers’ compensation, such as full compensation for lost wages and benefits, loss of future earning potential and past and future pain and suffering, etc.
Consulting a personal injury attorney will help determine whether this option is viable in your case. Navigating the complexities of workers’ compensation, insurance policies and legal claims can be overwhelming, especially while dealing with injuries. If your claim is denied, delayed, or undervalued — or if you’re considering a third-party lawsuit — consulting an experienced New York personal injury attorney right away can help significantly improve your chances for maximum compensation.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a car accident or pedestrian accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. We recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). <strong>WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you.</strong> We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com