Work-Related Car Accidents in North Carolina
You may be entitled to workers’ compensation benefits if you suffer injuries in a work-related car accident. If another driver’s negligence or recklessness caused the accident, you may also be entitled to pursue a personal injury claim against them or their insurer for compensation.
Pursuing a work-related car accident claim independently can be challenging. You need a car accident lawyer with the knowledge, experience, and local insight to lead you through the complicated legal process. For three generations, The Law Offices of John Drew Warlick, P.A., has proudly served hard-working North Carolina residents as they seek justice for their injuries. We’ll fight to protect your rights and pursue the compensation you deserve. Contact us today to learn more.
Contents
- How Is a Car Accident Work-Related?
- What Are Common Causes of Work-Related Car Accidents in North Carolina?
- Will My Claim Be Different If I Drove a Company Vehicle and Not My Own Car?
- What Workers’ Compensation Benefits Could I Get from My Work-Related Car Accident?
- What Damages Might Be Available for a Personal Injury Claim in My Accident?
- Does the Time for Filing a Workers’ Comp Claim Differ from a Personal Injury Claim?
- What Steps Should I Follow After a Work-Related Car Accident?
- Contact a North Carolina Car Accident Lawyer
How Is a Car Accident Work-Related?
For an accident to be considered “work-related,” it must occur in the scope and course of your employment. So, the accident must happen while you are actively performing tasks related to your job. Examples of those tasks include:
- Making deliveries
- Running errands based on the orders of your employer
- Transporting goods or co-workers as part of your job
- Traveling for a work-related event or meeting.
Your regular commute to and from work typically does not count as a work-related activity unless you travel from one job location to another. If you’re unsure whether your accident was work-related, a car accident lawyer can help determine whether it qualifies.
What Are Common Causes of Work-Related Car Accidents in North Carolina?
Work-related car accidents are no different than most other motor vehicle accidents. They can and do happen for a wide range of reasons.
Some of the most common causes of these work-related accidents include:
- Distracted driving
- Fatigue from long work hours
- Speeding to meet deadlines
- Inadequate driver training
- Poor weather or road conditions
- Defective vehicle parts.
Determining the cause of the accident is crucial for establishing liability. Your car accident lawyer will investigate your crash and consult with experts to determine who might be responsible so they can build a case that demands the maximum benefits for your injuries.
Will My Claim Be Different If I Drove a Company Vehicle and Not My Own Car?
The key factor in a work-related car accident is whether you were performing job duties at the time of the accident. You will not have a stronger (or weaker) car accident claim if you were driving a company vehicle during the accident versus your own. The only difference would be in the insurance that applies.
Your employer’s auto insurance may apply if you drove a company vehicle during the accident. If you were driving your own car for work purposes, you may still qualify for workers’ compensation benefits. Still, you might also need to deal with your personal auto insurance for any property damage to your car or injuries to others, if you played a part in causing the accident.
What Workers’ Compensation Benefits Could I Get from My Work-Related Car Accident?
If your car accident is work-related, you may be entitled to a range of workers’ compensation benefits under North Carolina law. These benefits typically include:
- Medical expenses – Ambulance services, ER visits, follow-up appointments, surgeries, prescriptions, medical devices, and rehabilitation.
- Partial wage replacement – Compensation for a percentage of wages if your injuries prevent you from working while you heal or permanently remove you from the workforce.
- Permanent impairment compensation – If you suffered permanent impairment to a portion of your body because of the injury, you could obtain compensation for a scheduled healing period dictated by North Carolina law.
- Vocational rehabilitation – Assistance in returning to the workforce through vocational assessments, job search assistance, job placement services, on-the-job training, technical training, and counseling services.
What Damages Might Be Available for a Personal Injury Claim in My Accident?
A personal injury claim against a third party can result in more comprehensive compensation than workers’ comp can provide, including:
- Medical expenses – Ambulance services, ER visits, doctor’s appointments, surgeries, prescriptions, medical devices, rehabilitation, and future medical costs related to the accident
- Lost wages – Compensation for 100 percent of your lost wages, including hourly wages or salary, commissions and tips, missed raises or promotions, sick days and vacation time, medical benefits, and future lost wages
- Property damage – Compensation for repairing or replacing your vehicle and any other property damaged in the accident, as well as compensation for the diminished resale value of your car
- Pain and suffering – Compensation for the physical pain, mental anguish, and emotional trauma caused by the accident and your injuries.
Does the Time for Filing a Workers’ Comp Claim Differ from a Personal Injury Claim?
Yes, the timelines for filing workers’ comp claims and personal injury lawsuits differ in North Carolina. For workers’ comp claims, you must:
- Notify your employer within 30 days of the accident.
- File a formal claim within two years of the accident.
- Appeal any denied claims within two years of the accident.
For personal injury cases, you must:
- File a lawsuit within three years of the accident.
- File a wrongful death claim within two years of the accident.
- File a Notice of Claim against government entities within 12 months.
Missing these deadlines can severely limit your legal options when pursuing compensation for your injuries. Act quickly and contact an attorney to move the process and avoid delays.
What Steps Should I Follow After a Work-Related Car Accident?
You can strengthen your car accident claim in the days and weeks after the accident occurs. After you’ve sought medical attention, be sure to:
- Contact a lawyer – An experienced car accident attorney can lead you through seeking compensation for your injuries, whether through workers’ comp, a personal injury claim, or both.
- Document the scene – Take photos and videos of vehicle damage, accident debris, skid marks, traffic signs and signals, road and weather conditions, and visible injuries.
- Keep careful records – Hold on to all medical records, invoices, bills, receipts, evidence of lost wages, and other relevant documents.
- Be careful when speaking with insurance company representatives – Companies will attempt to weaken or deny your claim if they can. Never admit fault, never accept quick settlements, avoid recorded statements, and always speak with your lawyer before speaking with them.
Contact a North Carolina Car Accident Lawyer
If you’ve suffered injuries in a work-related car accident that someone else caused, The Law Offices of John Drew Warlick, P.C., can help. We offer compassionate support and tenacious advocacy to North Carolinians. Our reputation is backed by the millions in settlements and verdicts we’ve recovered and the many testimonials of our satisfied clients. Contact us today for your free case evaluation.