Can I Sue My Glendale Employer for My Accident While Driving to Work?
Workers’ compensation packages make it practically impossible for employees injured at work to sue the employer. However, there are some situations, or rather exceptions, where it may be possible to sue, like while driving to work.
The Exceptions
While workers’ compensation covers most work injuries, some situations let you sue your employer for your workplace injury.
They are when:
- The company willfully or intentionally harms or inures you.
- The injury suffers from aggravated factors because of hidden or aggravated injury records
- The employer doesn’t have any worker’s compensation package
- The damage is inflicted by an improperly fit machine
- Driving to work
About Getting Injured While Driving to Work
Most states require employers to have a workers’ compensation insurance policy or at least a personal insurance plan covering injuries to workers.
Supposing you get injured while driving to work on company time, or performing some company tasks. Then you can sue if the company doesn’t have any workers’ compensation policy.
However, if you are on the way to work and haven’t clocked in yet, then you may not be able to file a lawsuit. You can’t file one even if your boss doesn’t’ have any workers’ compensation.
You will have to instead make a personal injury claim against the other drivers involved in the accident.
Other Exceptions While Traveling to Work
The only time the employer may cover an accident while traveling from home to work is when the time is considered part of your employment.
However, it usually ends up as an exclusion if you get injured during the travel and file a lawsuit.
You also have a possible case if the car you were riding in was a company vehicle. There’s also a possible case if the employer had done something intentionally like allotting a defective vehicle for your ride.
If the company was well aware of the defect but didn’t do anything to fix it, then it’s a negligence claim for a personal injury lawsuit.
Your chances of success depend on the jury or judge, and if it’s the right conditions.
Getting Injured While Doing Something Non-Work Related
Supposing your company engages in something non-work related, and not connected with your employee-employer relationship. California laws let you sue your employer if you get injured while performing this non-work related task.
It leads to a civil case against the company.
It may, however, fail if you have insufficient or weak evidence.
Besides, while many claims get settled out of court, the company may not offer any settlement if you have a weak case.
Examples are when the employer didn’t do anything wrong enough for a lawsuit, or if the employee wasn’t on their payroll during the accident.
You Need Legal Assistance
However, you will have to hire a lawyer in Glendale to initiate the claim process and pursue compensation for the accident damages. You will also have to be ready for a thorough investigation of all existing proof.
The compensation you receive if your claim gets successful should provide you with sufficient money for a full recovery.
Once the case resolves, the employer may either retain your job or try to find a reason to terminate your employment agreement. As long as it’s within the necessary restrictions, employers in California can legally terminate employees that cost the company so much.
If your attorney accepts the case because they feel that the matter is worth pursuing, they will protect your rights. They will collect the necessary evidence to build a strong case and, if possible, even strive for an out-of-court settlement.