Getting into a traffic accident while working is a very common occurrence in today’s globalized society. As such, there are certain questions that must be answered to determine who is liable for the accident. The first—and most important question— is whether or not the employee was in the scope of his employment when the accident occurred. If it is determined that the employee was, in fact, working within the scope of his or her employment, then the employer will most likely be found liable.
The doctrine of respondent superior states that an employer is responsible for the actions of his or her employees while they are acting within the scope of their employment. To be ‘acting within the scope of your employment’ can include a wide range of scenarios. Some examples include:
- Traveling to or from your place of employment
- Driving to pick up supplies for your job
- Driving a fellow employee to a work-related destination
- Picking up lunch for your office
These are just a few examples of where an employer could be found liable for the damages incurred from an accident. Damages can include medical bills, property damage, out-of-pocket expenses, and even lost wages. In the majority of cases, the liability insurance carried by the employer protects the employee against third-party actions. Thus, even if the employee is found to be at fault for the auto accident, the insurance policy should cover the employee’s possible damages to injured third parties.
Third-Party Claims
When you are involved in a motor vehicle accident which occurred while working, you may also have a claim against the driver that hit you. This is referred to as a “third-party claim”. If the driver of the other vehicle was found to be negligent, then you would be able to file a third-party claim against him for injuries incurred. In this scenario, you could also recover medical costs, lost wages, and even pain and suffering.
Getting into an automobile accident while working can be frightening. However, knowing your rights and the avenues to be taken can make the entire process that much easier. At Keches Law Group, we handle not only the workers’ compensation side of vehicle accidents but the personal injury side as well. Having an attorney that looks out for your rights and protects you from being taken advantage of is of the utmost importance in cases like these. Motor vehicle accidents happen every single day, with millions of dollars being transferred as a result. Our experienced lawyers are able to get you the compensation you deserve.
If you were in a car accident while working, contact Keches Law Group at 617-898-0808 or online for a free, no-obligations consultation today. We will be happy to meet you at one of our conveniently located offices or at your home.
