When you are involved in an auto accident while at work, determining who is liable may be confusing. There are various factors that will help determine liability, including where you were driving to and were doing while driving, as well as if you were operating a personal or company vehicle. While other elements may play a role in determining liability, these are the main factors influencing who is liable in a NJ work-related car accident.
Our team has compiled further information on the topic below. However, we advise you to discuss the specifics of your case with an experienced NJ car accident lawyer. You can contact the lawyers at Brandon J. Broderick, Attorney at Law today and we can assist you in determining liability in your case and helping you recover compensation you deserve.
Does Workers' Comp Cover A Work-Related Accident in NJ?
If you were carrying out duties related to your employment at the time of the accident, you may qualify for workers' compensation coverage.
Generally, workers' compensation benefits are not available for injuries you sustain in an accident while traveling to and from work. Under New Jersey's coming and going law, commuting to work is not classified as work-related activity. This doesn't apply when:
- Driving is required as part of your job to travel away from your office location
- You are performing work duties directly assigned by your manager or employer
- You are paid to travel to another location as part of your job
- You are driving a company car, but carrying out or traveling to a location as part of your job
These stipulations apply when you are a delivery driver, for example, and traveling to deliver packages for your company. You are commuting between two different work locations. Or, you were traveling for work and was involved in a car accident.
Accident While Commuting To Work
In the event that you are injured in a car accident while on your way to or from work, your employer is typically not liable for your injuries. However, if your job requires you to drive a car, your employer may be liable for damages.
An example might be someone whose job duties require them to visit a customer and they are involved in a car accident. In certain cases, the employer may be held liable for the accident.
Some jobs require workers to drive their own cars for work. When the accident occurred, were you operating your own vehicle while performing duties for your employer? In that case, you can still be qualified for workers' compensation benefits.
Involved In A Car Accident As An Independent Contractor
The workers' compensation insurance provided by their employer only covers their employees. There is no coverage for independent contractors. Your health insurance and your car insurance's Personal Injury Protection (PIP) coverage will help pay for medical costs if you were injured in a car accident while working as an independent contractor.
Liability When Involved In An Accident In A Company Car
If you are an employee of the company and are involved in a car accident in a company car, your employer's insurance coverage will likely cover the accident and is held liable for the accident. There may be some instances where this may not apply. For example, the employer may not be liable if the driver was an employee and traveling for personal reasons. Furthermore, if the driver is involved in unlawful behavior — such as driving while intoxicated — without the company's knowledge, the employer may not be liable.
Employers are responsible for keeping their company vehicles maintained, as well as conducting background checks when hiring drivers. When they do not, the company may be considered negligent.
Call Our Law Firm Today To Schedule a Free Appointment With Our NJ Car Accident Lawyers
The NJ car accident lawyers at Brandon J. Broderick can provide you with the assistance you need if you've suffered injuries in a car accident while working.
To decide what to do next, our staff will assess and look into your case. Give us a call today, and let us help you with some of your concerns.