Understanding Employer Liability
Should you get in an accident while using a work car, you might question whether you could sue your company for injuries or damages. Generally speaking, workers' compensation rules keep employees from suing their companies for occupational injuries—including mishaps in corporate vehicles. There are certain situations, nonetheless, where legal action against an employer might be feasible.
Employment Protection and Workers' Compensation
Most companies offer workers' compensation insurance, which pays missed earnings and medical bills should an employee be hurt while engaged in job-related tasks. Considered a no-fault system, workers' compensation rewards employees without requiring proof of employer negligence. Accepting workers' compensation, however, usually means forfeiting your opportunity to sue your company for extra damages.
When Can You Sue Your Employer?
While workers' compensation typically protects employers from lawsuits, there are exceptions where an employee may have the right to sue, including:
- Negligent Vehicle Maintenance – If the employer failed to maintain the company vehicle properly (e.g., faulty brakes or worn-out tires), and this directly caused the accident, they may be held liable.
- Intentional Misconduct – If an employer knowingly puts an employee in danger by forcing them to drive in unsafe conditions, a lawsuit may be possible.
- Lack of Proper Insurance Coverage – If an employer does not have workers' compensation or the required commercial vehicle insurance, an employee may have grounds for a lawsuit.
What If a Third Party Is Responsible?
If another driver caused the accident, the employee can file a claim against that driver's insurance. Additionally, if a defective vehicle part contributed to the crash, the manufacturer may be liable under product liability laws. In such cases, the employer may not be responsible, and the lawsuit would be directed at the third party instead.
Consulting a Lawyer
Since work vehicle accident claims can be complex, consulting an attorney can help clarify your legal options. A lawyer can determine whether workers' compensation is your only recourse or if you have grounds for a lawsuit based on employer negligence.
Conclusion
In most cases, employees cannot sue their employers for work vehicle accidents due to workers' compensation protections. However, if employer negligence, misconduct, or lack of proper insurance played a role in the accident, legal action may be an option. Speaking with an attorney can help determine the best course of action for seeking compensation.