Car accidents at work create a special kind of liability in Oklahoma. Its not uncommon for individuals to get into a truck or automobile accident in the course of their employment. This may range from a simple work errand to a person whose primary job is done on the road. Car accidents at work can go a couple of different ways. Either you or your employer or the other party will be responsible depending on who was at fault.
Employer Liability To The Third Party Non Employer
The employer has secondary or indirect liability in certain cases for injuries to third party non-employees. This is true even if the accident happened because of your actions. Your employer may be held liable whether you are determined to be negligent or not. These are a few circumstances when an Oklahoma employer may be held responsible for vicarious damages:
You were on the clock and job when the accident took place
· You were on a work-related errand
You were driving for a task your employer or boss asked you to complete
·If you were driving for something that benefits your employer
In other words, your employer has vicarious liability if you were on the clock to complete an activity that your employer wanted you to do. In addition, your employer may also be held liable for your personal injuries. This is true even if the car accident was because of your negligence or recklessness.
Employer is Liable For the Injury To Their Employee
In this case, so long as the employee is acting within the scope of employment the employer is liable for the injury to their employees. This means that if you were driving as part of your job and while doing so someone hit you or you hit someone else the employer is responsible for your inquires. As far as workers compensation is concerned, you are entitled to medical treatment even if you were the cause of the accident. This is because fault is not a part of workers comp treatment. When you file a workers compensation claim the employer is responsible for all of the medical care that you need. This includes any surgical fixes you require or any physical rehabilitation you require.
Temporary Disability For Car Accidents at Work
Employees in car accidents at work that suffer injuries which keep them from returning back to work receive temporary disability from Oklahoma workers compensation. The payments are paid directly to the employee on a weekly basis. The amount of the payment depends on the employees income. the maximum rate is $350.00 per week and is paid without tax being deducted. This amount is subject to periodic change but is the rate as of April 2021. Depending on how serious the injury is the employee is entitled to the payments until they reach maximum medical improvement and get released back to work by the Workers Compensation doctor.
Claims Against The Negligent Driver
Employees injured in car accidents at work may also bring a claim against the other driver if that driver caused the accident. If you can show by evidence that the accident is caused by the other driver you win. This evidence is proved mostly by the issuance of a traffic citation by the Police to the other driver. If there wasn’t a ticket issued by the Police at the scene you may have to have a trial and argue the case to the Judge or a jury. Again, this is in addition to claims against the Employer’s workers compensation insurance.
Tulsa Work Injury Attorneys Near You
It is vital that you consult with a capable and trusted Workers Compensation injury attorney if you were injured in a car accident that took place while performing a work-related task. The Tulsa work injury lawyers at Kania Law understand the complexity of these car accident claims. We can help ensure that your rights and interests are protected at all times. Speak with a accident attorney today by calling at 918-743-2233 or using our online form.