If you are involved in an accident while driving for work you may be entitled to compensation. If the accident was not your fault, there are two potential sources of compensation available in the state of Texas. Number one is the other driver’s insurance and number two is your worker’s compensation benefits. In certain situations, such as serious injuries or wrongful death, you might be able to receive compensation from both sources. Hiring a Texas personal injury attorney can be the most important step to help get the best recovery after your accident. Call Adam Miller, The Texas Bulldog today for a free case evaluation. You do not pay anything unless he wins your case.
Car Wreck While Driving Company Vehicle
If your accident occurred while you were driving a company vehicle you might be able to recover workers’ compensation benefits. In the state of Texas, vicarious liability makes the employer liable for any damage an employee causes while they within the scope of employment, or while they are operating a company vehicle. Vicarious liability may not cover accidents/injures if the employee was driving a company vehicle on their own time or for unauthorized personal reasons. For instance, if an employee uses a company truck on the weekend or to run errands during a break, the employer is likely not responsible for damages or injuries. In these circumstances, the company vehicle may be the only thing covered by the employer’s insurance.
Vicarious liability often plays a role in truck accident cases. In most instances, victims sue the company, not the driver, after a crash with a commercial truck. Trucking companies usually carry large insurance policies due to the fact that 18 wheelers can cause very serious injuries, damages and wrongful deaths.
Wreck While Driving Personal Vehicle for Work
If you are driving your personal vehicle while on the clock you might qualify for workers’ compensation. Texas does not require companies to carry workers’ compensation but many large employers still have it. However, workers’ compensation benefits only apply if the employee was injured while driving during their “course and scope” of employment. If the company carries workers’ compensation and the employee was working under their employer’s interests or control then it does not matter who was responsible for the accident. In this case, the employee is covered as long as they are injured on the job.
If the employer does not have workers’ compensation and the employee is at fault for the accident then there is are no grounds to sue the company. In this case the employees personal insurance will be used to pay for damages. Texas law requires all drivers to hold at least thirty thousand in minimum limit liability insurance.
Will Workers’ Compensation Cover My Damages?
Workers’ compensation will cover injuries occurred during the course and scope of employment. Unfortunately, however, workers’ compensation payouts are limited. Even if an employee is covered by worker’s comp, generally it will only cover necessary medical expenses and a portion of lost wages. It will not pay for pain and suffering or fully reimburse all lost wages.
Hiring an attorney will help you get the maximum compensation for your pain and suffering, medical bills, mental anguish and other losses after an accident. Paying for the expenses out-of-pocket can be impossible for injured victims, especially those with serious injuries or permanent disabilities.
Hire a Texas Accident Attorney
Adam Miller, The Texas Bulldog will only get paid when he wins for you. He works strictly on a contingency fee. If you hire the Miller Law Firm you will never be asked to pay any fees up front and if we are unsuccessful in winning your case you will never be asked to pay us anything for our time or expenses.
When The Miller Law Firm handles cases, we always put the client first. We love talking to our clients and will work our tails off to keep them involved and up-to-date on the state of their case. Please visit our happy clients section for pictures of our previous clients that were thankful they hired The Texas Bulldog to represent their best interests.
