While auto accidents are one of the most common forms of personal injury claim in Cleveland, Ohio, work related auto accidents are among the most common of work related injuries. These are more complex than a workers’ compensation claim and also more complex than an auto accident claim. In fact, when something like this happens, you may be pursuing both of these very different claims at the same time. However, despite the difference and the complexity of dealing with two types of claim, you can work with a single workers compensation, personal injury, and auto accident attorney in Cleveland, Ohio, to address all of the challenges that come along with a work related auto accident.
First Steps After Any Cleveland Auto Accident
Whether your auto accident was work related or not, you need to take the same immediate steps after any collision. This includes checking everyone for injuries, responding to injuries, contacting the police and emergency medical care, exchanging auto insurance and contact information, and gathering evidence. If you are not transported to the hospital via ambulance, you’ll want to seek medical care right away to make sure that any injuries are identified and addressed. The evidence that you gather may include photographs of injuries and damages and the contact information of witnesses. You will need to notify your auto insurance policy, though you do not have to discuss fault until you’ve had an opportunity to talk to an attorney. Your Cleveland, Ohio, auto accident attorney will assist you in filing your auto accident claim against any other at-fault drivers, and negotiating for a fair settlement.
First Steps After a Work Related Cleveland, Ohio, Auto Accident
The first steps after a work related Cleveland, Ohio, auto accident – that is, one in which you were on the clock or performing work related tasks at the time – are much the same, but include additional actions. For example, you should respond to injuries and collect evidence for any auto accident claim you may have, but you should also notify your employer of the incident as quickly as possible. You may do this with an incident report or by providing notification in writing. Make sure that you sign and date this notice or incident report, so that you have evidence of reporting the incident and when you did so. Your employer should help you to proceed with filing a workers’ compensation claim. If they do not, then you may need to do so on your own or with the help of an attorney.
Was Your Ohio Auto Accident Truly Work Related?
In some cases, Cleveland, Ohio, auto accidents are very obviously work related. For example, if your job involves a significant amount of driving or if you were on the clock and running a work related errand, then there is little question about whether it was work related. However, if you were running a personal errand while on the clock, or if you were combining a work errand with a personal errand, this could complicate things. Even if you drive for a living, but were not engaged in work related tasks at the time, then this could make it more complicated, also.
Ultimately, if another driver was at fault for the accident, you will be able to pursue compensation from their auto insurance policy. If the accident can be proven to have been also work related, then you can get workers’ compensation benefits for your medical needs and your lost wages. This will not affect your auto accident claim for the most part. If your auto accident claim involves a claim for lost wages for time off of work, then you may not receive the full value of your wages, because workers’ compensation is already covering 2/3 of your wages after seven days of being out of work. You can recover the lost wages that are not covered by workers’ compensation from your Cleveland, Ohio, auto accident claim.
In the same way, you may not be able to recover all of your medical expenses in an auto accident claim if those expenses are already covered by your workers’ compensation claim. However, you can recover compensation for anything that is not being covered by the workers’ compensation insurance. Again, these situations can be quite complicated and confusing, so it helps to contact a Cleveland, Ohio, auto accident attorney who has experience with circumstances that involve both auto accident claims and workers’ compensation claims. To learn more, contact the Chester Law Group to schedule a free consultation. We are happy to help you find your way through the confusing legal processes.
When You Cause a Cleveland Auto Accident While Working
If you are the one who caused your Cleveland, Ohio, auto accident, then you may not be able to recover compensation from the other driver’s auto insurance policy. This will depend on your percentage of fault. If you are partially at fault, but not more than 50%, then you can receive compensation for the percentage of damages that are deemed to the fault of the other driver. If you are more than 50% at fault, then you cannot recover compensation, and the other driver will be filing a claim with your auto insurance policy. However, workers’ compensation is a no-fault system. This means that even if you caused your auto accident, if you were working at the time, workers’ compensation will cover you. Workers’ compensation will not cover your liability in the accident, however. Your own auto insurance policy will be tasked with covering the damages of any other drivers in an auto accident that you caused.
The Chester Law Group is Here for You in any Cleveland, Ohio, Auto Accident Claim
However your Cleveland, Ohio, auto accident occurred, the experienced Cleveland car crash attorneys at the Chester Law Group are here for you. Call today to schedule your free consultation and get all of your questions answered.