Wisconsin workers’ compensation helps provide wage replacement and medical benefits to individuals injured while they were on the job. However, sometimes it is difficult to know when certain situations are covered, such as accidents that happen while using a company car. Liability insurance on the vehicle may also apply to the accident.
The Appleton workers’ compensation lawyers at our firm are well-versed in eligibility for workers’ compensation benefits. You can discuss your situation in a risk-free legal consultation today.
Differences Between General Liability and Workers’ Compensation Insurance
There are several differences between general liability and workers’ compensation insurance. The workers compensation system does not allow employees to take legal action against their employers after a workplace injury. Instead, you can pursue workers’ compensation benefits.
If you cause an accident in a company car, the other driver’s damages may be covered by the liability insurance your employer purchased on the vehicle. This policy may cover things like medical bills and damage to the other driver’s vehicle, up to the policy limits.
What is Vicarious Liability?
Vicarious liability is a legal doctrine that holds one party accountable for the actions of another party. For instance, an employer may be held vicariously liable for the negligent actions or inactions of his or her employee.
Should an employee become hurt or cause harm to another person involved in an accident, the employer could be accountable if the employee was acting in the interests of his or her employer at the time of the crash.
When it Applies
Vicarious liability may apply when the employee’s actions were done within the scope of his or her employment duties. Examples may include:
- While driving for a company as part of a daily work routine
- While driving to a location as instructed by an employer
- While driving back and forth from a company business meeting
When It Does Not Apply
Vicarious liability does not apply in the following situations:
- While driving to and from work
- While driving a company vehicle to run a personal errand
- While committing a criminal act, such as driving under the influence
- While driving a company vehicle outside of normal work hours
What to Do After a Crash Driving a Company Vehicle
If you have been involved in a crash driving a company car, there are several things you can do to protect your well-being and your claim. This includes the following:
- Report the crash – Injured workers should report the accident and their injuries to their employer as soon as possible. Under Wisconsin law, you have a 30-day period from the date of the incident. Be honest about what happened, how it happened, and who was involved.
- Follow-up with employer – It is important to check with your employer to make sure that your claim was submitted to the workers’ comp insurance carrier and get a copy for your records.
- Obtain medical care – Receive medical treatment in order for a doctor to assess the extent of your injury. Be sure to also get copies of your medical records and any hospital-related bills.
- Seek legal help – Get in touch with an experienced attorney to see if you have a valid claim. He or she can protect your rights and bests interests and help you throughout the claims process.
Request a Free Consultation to Get Started
If you have been involved in a crash while driving a company car, it is in your best interest to seek legal representation as soon as possible. Our lawyers at Sigman Janssen are ready to evaluate your situation and discuss your legal options in a completely free, no-obligation consultation.
We charge no upfront legal fees for our services. You only pay us if we help you obtain compensation.
Give us a call at (877) 888-5201 to schedule a free case review.