Columbus Workplace Motor Vehicle Accident Attorney
For most injuries that occur on the job, an injured worker is limited to benefits provided by workers’ compensation, which cover the employee’s medical bills and provide the worker with wage loss benefits of two-thirds of the employee’s regular rate of pay while out of work recovering from the injury.Employees cannot sue their employer or a co-worker for negligence, even if one of those parties was to blame for the accident.
This exclusivity of workers’ compensation being the only remedy is the general rule, but there are exceptions. One is the employer intentional tort exception, which allows a worker to sue the employer for certain intentional actions that cause injury, such as removing safety guards from machinery. Another exception is third-party liability; if a third party that is not related to the employer or employee causes the injury, the injured worker can sue that third party and recover the full amount of tort damages, apart from any workers’ compensation claim the worker might also have. A motor vehicle accident that occurs on the job, either caused by a subcontractor or non-employee, is an example of an injury where the worker likely has a third-party liability claim.
The Columbus workplace accident attorneys at Brian G. Miller Co., L.P.A. have amassed a great deal of expertise in the areas of employer intentional tort and third-party negligence for on-the-job injuries. We are a personal injury law firm vastly experienced in motor vehicle accident cases, whether on the clock or not. If you have been hurt in a motor vehicle accident while working, talk to our Worthington and Columbus motor vehicle accident attorneys about your potential claims.
Third-Party Liability for Motor Vehicle Accidents in Columbus
In the context of a workplace accident, a third party is someone who is outside of the employment relationship, in which you are the first party and your employer is the second party. If you get hurt in a car or truck accident while you are working, the negligent driver who hit you is probably a third party. Since the accident occurred while you were working, you likely have a valid claim for workers’ compensation benefits as well. But since a third party was responsible for the accident, you likely have a valid negligence tort claim against the at-fault driver. This is especially important since workers’ comp benefits, while helpful, can only cover a portion of your medical bills and a portion of your lost wages and does not pay for non-economic losses, such as pain and suffering and other losses. In a tort claim, you can recover the full value of lost income and future disability, plus pain and suffering, emotional distress, and other civil damages.
A Workplace Accident Lawyer From Brian G. Miller Co., L.P.A. in Columbus Can Help
In a workers’ compensation claim, you do not need to prove that another party was at fault in causing the accident. So long as you were hurt on the job, even if the accident was your own fault, you can apply for and receive workers’ comp benefits.
In a civil negligence tort claim, on the other hand, you do have to prove fault. The burden is on you, the injured victim, to prove that the other driver was negligent and their negligence caused the accident. You also have to prove how you were injured by the accident and be able to document and prove your financial and non-financial losses.
When you bring a claim against a negligent driver, you most likely will wind up dealing with the driver’s insurance company. Insurance company adjusters and defense lawyers often try to pay as little as possible on a claim or avoid any liability at all. It is essential to have an experienced motor vehicle accident attorney on your side who knows how to maximize the value of your claim and can negotiate a fair settlement with the insurance company or take your case to court if necessary.
Contact Brian G. Miller Co., L.P.A. for Help After a Work-Related Motor Vehicle Accident in Columbus
If you have been hurt in a motor vehicle accident while you were working, call the experienced workplace accident attorneys at Brian G. Miller Co., L.P.A. at our offices in Columbus and Worthington, Ohio.