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Accident When Driving to Work – Can an Employee Sue Their Employer? Pt 2June 14, 2019 0 Comment Category: Automotive Law
Although a good share of such claims gets settled out of court each year, a company might not offer settlement when the plaintiff’s case is weak. This happens when the worker did not do anything to warrant a civil lawsuit or was not working at the time of the accident in the state.
Commute to the Workplace
The trip from your house to work is usually not something which is covered by a company unless it makes this time a part of employment terms. However, time spent for it may continue to be the center of a potential lawsuit, in the event that the worker sustains an injury in the course of this journey. The injured person might sometimes have a chance to file a case if the automobile was his or her company vehicle, and which harbored a defect, or if the company/employer engaged in a deliberate act of causing harm. When the company vehicle has defects or issues which the employer was aware of and did nothing to fix, then it could present the injured employee with a chance to file a negligence claim against his or her company. We work to defend companies on the basis of corporate protection.
Starting the Claim and Pursuing Monetary Compensation
If a worker had a company vehicle with a defect which his or her employer knew about but did not reveal, and if it led to an accident and injury while he or she was en route to work, then the injured person may have a claim against the employer. If all the aforesaid factors align, then the odds of the claim to succeed would be stronger depending on the jury or judge. In such a case, it is important that you hire an attorney before the worker has a chance to pursue the compensation amount for damages. Oftentimes, this necessitates an investigation in order to gather existing pieces of evidence.
When a claim becomes active, compensation grants may provide the worker with adequate monetary support to stay or become whole after the accident, and enough time to completely recover. After the case is resolved, the company may retain the person or may try to find a way to fire him or her.
Individual situations will most likely vary, and the point of this document is not to give legal advice to people, but to bring relevant facts to light. Your specific situation needs to be discussed with a lawyer who specializes in workers’ compensation.