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Employer Liabilities for Employee Car Accidents

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According to the reports, thousands of American workers die every year in work-related crashes and hundreds of they are left with injuries. However, if the employee is using a vehicle for official work purposes and if any accident takes place, then the employer is responsible for the damage done by the employee, and this is legally bound by the law.

As per the law, if the employee is injured during the course of work duties and if he/she is injured, then the employer is liable to pay for all the damages resulting from that accident. Moreover, it does not matter if the employee is a public agency, a business, or a private individual. The cost should be cover at any cost.

On the other hand, these types of situations mostly arise in the workplace, and you must know how to deal with these cases at the same time.

Injured In A Car Accident On The Job?

If you were a passenger in a car in an accident with a faulty driver and you both were on the job, your prime solution is the worker’s compensation system. Besides, if the driver is not your coworker, you may enjoy both personal injury damages and worker’s compensation benefits.

On the other hand, there are many situations where the employer is not liable to pay any fees or charges imposed by the employee. So, you need to understand the situation very briefly or take the help of the best lawyers for car accidents if needed.

Moreover, you don’t need to prove that your employer was at fault for claiming your charges—the main objective of this claim to provide unexpected losses to the employee during job hours.

Establishing Vicarious Liability

Vicarious liability puts the liability on the employer when the employee is serving the employer. So, while working, if the employee meets with an unexpected accident, the employer is responsible for the employee’s damage, which establishes vicarious liability.

Hence, vicarious liability gives victims the right to charge employers for the damage that is caused by the employee. The victim can get the most out of this lawsuit that is actually made for them.

On the other hand, this lawsuit should not be taken for granted because if you are caught harassing unnecessarily to the employer, then serious action can be taken against you by the law. 

Direct Liability For Employers

The vicarious liability is already explained above. This liability is imposed on the employer, and it makes no difference whether the employer was truly at fault or negligent.

Direct liability means refers to the scenario where the employer becomes liable to pay the employee for the damages based on their own act or omission. Thus,  the law determines that the employee can sue the employer under the conditions of direct liability.

Some of the most common concepts where the employer is held responsible for direct liability are inadequate maintenance, negligent entrustment, negligent training, negligent supervision, negligent hiring, etc.

Both direct liability and vicarious liability are not mutually exclusive. However, you can bring any of the two claims if only the pieces of evidence support them.

When Is the Employer Not Responsible?

The employer is not responsible for paying any compensation to the employee when he/she is commuting to and from work. Also, the liability does not include any damages to the employee’s vehicle.

At the same time, the employer is not responsible if car accidents happen after working hours, i.e., the employee is returning home after the completion of the work.

So, if your case falls on the above two scenarios and you imposed a claim on your employer, then it is completely dependent upon the employer whether he/she is willing to pay the damages or not. Keep in mind; they are not bound by the law to pay for this damage.

The Bottom Line

Car accidents are common nowadays. So, if you are at work and meet with an accident, then your employer is responsible for all the damages. There are only a few scenarios where the employer is not responsible, and these are already described above.

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