If you have been involved in a car accident while working, your employer is liable for damage payments but there are some factors involved in this.
The basic legal aspect is that if an employee is injured in a car accident which occurred within the scope of his or her employment duties, then the employer can be held legally responsible for the injuries they suffer.
This is commonly known as the doctrine of the superior and it pertains to the fact that if someone is working for an employer the latter profits from that work. As such he/she is responsible for the damages the employee incurs while fulfilling their duties to said job.
However, this ruling is not applicable in every case involving such accidents. It can only apply if it is proven without a shadow of a doubt that the employer gave permission to the employee to use company vehicles and it was being used to profit the business when the accident took place. If on the other hand, the vehicle was used for tasks other than deemed necessary by the employer (such as for a personal errand) or if the car was taken without permission, then the employer cannot be held liable at all.
If the opposite is the case though, the employer’s car insurance can take care of the damages easily enough but it is not applicable all the time. There will be a problem if the insurance does not offer adequate coverage for the injured party.
This is often the case if the accident involves a number of injured parties – all of their injuries combined can cost more than the insurance can afford or cover. That is when the victims can go to the employer who is liable for the accident.
Employers can also protect themselves from false claims or such incidents by ensuring they have adequate coverage in their business car policy. By getting extra insurance, they can ensure that they are covered for any and all damages that they can incur of their employees are involved in an accident while performing their duties.
Similarly, employees can also be eligible for Worker’s Compensation if they are injured while they are driving their own personal vehicles to take care of work. If they have insurance or are insured when they have an accident their employers will be responsible for compensating them for damages from their own insurance policy. This includes lost wages and coverage for medical bills that the injured employee might need if the accident is a serious one.
Car Accident? Call Attorney Javier Marcos
If you have been in a car accident, do not call the insurance, call Attorney Javier Marcos. If you’ve suffered an accident, you have a right to file a lawsuit to recover your losses, medical expenses, treatment, pain & suffering, lost wages, inability to work or function, property damages, and others.It’s important that you quickly call Attorney Javier Marcos & Associates so that you can commence your medical treatment, do not worsen your legal position, preserve evidence, and learn your rights. Attorney Free Consultation is provided by Attorney Javier Marcos, your information is 100% confidential and we’ll visit the accident site, your home, or the hospital.
Just give us a call by dialing 713.999.4444 and we will get back to you. Contact us today for legal services in personal injury, construction liens and even workplace injuries. We also offer free consultation on demand.
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