When you are injured in a motor vehicle accident while working for a non-subscriber employer, your claim for compensation is much more complicated than if your employer provides workers’ compensation benefits. Workers’ compensation is a no-fault system entitling you to benefits regardless of who was at fault in causing your wreck. Your rights are very different when you work for a non-subscriber employer.
What Are Your Rights to Compensation From Your Non-Subscriber Employer Following a Car Accident?
Your non-subscriber employer is only responsible for compensating you for your injuries if his negligence caused your injuries. However, you only have to show that your employer was one percent negligent to hold him responsible for compensating you fully for your workplace injuries.
What does this mean for a car accident that happens while you are driving for your job? It means that you must prove your employer’s negligence in part caused your injuries to pursue a claim for compensation. When a negligent driver was the sole cause of the wreck, you may not have a claim against your employer and would need to solely seek compensation from the negligent driver.
However, there are situations when an employer’s negligence could contribute to your injuries. You may be able to hold your employer responsible in situations such as these:
- Your employer requires you to drive in dangerous weather conditions, such as ice, snow, hail, or heavy rain, when your risks of being involved in a crash are greater.
- You are a truck driver governed by the federal hours of service regulations regarding the number of hours that you can work and your employer encourages you to drive more hours.
- You are driving a vehicle supplied by your employer and a maintenance issue causes or contributes to your wreck.
- You were a passenger in a vehicle driven by a co-worker who caused your wreck. Your employer could face vicarious liability for your co-worker’s negligence.
Filing a claim against your non-subscriber employer and other negligent parties following a car accident can be complicated. You need an experienced attorney who handles both car crash and non-subscriber employer workplace injury cases. To learn how we can help you and about our experience in these cases please contact us online or call us directly at 817.380.4888 to schedule your free consultation.
We help injured workers throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.