Injured in a Car Accident While Working

How Our Raleigh Workers’ Compensation Attorneys Can Help with Your Case

Managing a workers’ compensation claim or personal injury case while recovering from a job-related car accident can be overwhelming. At Younce, Vtipil, Baznik & Banks, P.A., our workers’ compensation attorneys are here to take on that burden and guide you every step of the way. We have extensive experience handling workers’ comp claims and personal injury cases, which helps us examine all possible paths to pursue full and fair compensation for you.

First, we’ll start by listening to your story. We want to understand how the crash happened, how it’s affected your health, and what steps you’ve already taken. From there, we’ll build a clear strategy tailored to your situation.

If you were driving as part of your job duties when the accident occurred, you may qualify for workers’ compensation benefits. We’ll help you file your claim correctly and deal with any pushback from the insurance company or your employer. These cases involve strict deadlines and tons of paperwork, but we’ll handle the details and keep things moving smoothly so you can focus on healing.

But we won’t stop there. If someone besides your employer caused the crash, such as another driver, you may also have a personal injury claim. In that case, we can pursue additional compensation for losses that workers’ comp doesn’t cover, such as your pain and suffering or damaged personal property. Our team will investigate the accident, collect evidence, handle all communications with insurance adjusters and opposing lawyers, and prepare your case for trial. Let us simplify your life during this challenging time.

Are Car Accidents Eligible for Workers’ Compensation?

After an on-the-job car accident, you may qualify for workers’ comp benefits. However, collisions during your commute to or from your job typically do not count for the purposes of workers’ compensation. This is known as the “coming and going” rule. There are some exceptions to the coming and going rule, though, such as if your employer provides you with transportation or when you’re performing a special errand for your employer.

The crash must also be related to your job duties to count for workers’ comp. For example, a crash that occurs while making a delivery or during a sales trip would likely qualify for workers’ compensation. However, if you get hurt in a collision while on your lunch break, that probably would not count because it’s unrelated to your job duties.

If your car accident qualifies for workers’ compensation, your benefits could include:

Medical expenses – Workers’ comp covers all reasonable medical costs related to treating your injuries. These benefits include coverage for hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and medical equipment you may need. You can also receive reimbursement for travel costs to and from approved medical appointments requiring more than a 20-mile round trip (C.G.S. § 97-2; 97-25).
Temporary total disability (TTD) benefits – If your injuries fully prevent you from working while you recover, you qualify for TTD benefits. These provide partial wage replacement until your doctor says you can return to work. The amount will be two-thirds of your pre-injury average weekly wage, up to a statewide cap (C.G.S. § 97-29).
Temporary partial disability (TPD) benefits – TPD benefits may apply if you can work in a limited capacity – perhaps with fewer hours or lighter duties – while earning less than before due to your injuries. These benefits provide a portion of the difference between your pre- and post-injury income (C.G.S. § 97-30).
Permanent partial disability (PPD) benefits – You may qualify for PPD benefits if the accident left you with a lasting impairment. The amount of your PPD benefits depends on the severity of your disability and how it affects your ability to earn a living (C.G.S. § 97-31).
Permanent total disability (PTD) benefits – You could receive PTD benefits if your injuries are so severe that you can’t work at all for the rest of your life. However, North Carolina law has strict requirements for PTD benefits, so you’ll want legal assistance to help you claim them (C.G.S. § 97-29).
Vocational rehabilitation – If you can’t return to your old job due to your injuries, you may qualify for job training or career counseling benefits to help you find new employment (C.G.S. § 97-32.2).

What Is the Difference Between Workers’ Comp and Liability Insurance?

Workers’ compensation is a no-fault insurance program that the state requires most businesses to provide for their employees. The system is designed to help injured workers get the help they need after an on-the-job accident without a long, contentious legal process. Eligible employees can receive workers’ compensation benefits starting from their first day on the job, and they don’t need to prove someone else caused their injury.

Liability insurance is something the state requires drivers to buy to cover injuries and property damage they cause in a collision. However, liability insurance is a fault-based system. This means injured drivers must prove someone else caused the crash before they can recover compensation through the liable party’s insurance policy. But in exchange, liability insurance allows injured drivers and passengers to seek compensation for losses workers’ comp doesn’t cover, such as:

The full amount of their lost income
Pain and suffering
Emotional distress
Damaged personal property

Who Is Liable for a Work-Related Car Accident?

Under North Carolina’s workers’ compensation laws, you cannot sue your employer or a coworker for a work-related car accident in nearly all circumstances, even if they caused or contributed to it (N.C.G.S. § 97-10.1). That’s the trade-off for your employer offering no-fault benefits for on-the-job injuries.

However, other parties could be liable for the collision, meaning you can pursue a personal injury claim against them. The potentially liable parties include:

Another driver – If another motorist acted negligently – for example, by speeding, running a red light, following too closely, or driving distracted – they could be liable for the accident. In these situations, we can file a personal injury claim against the at-fault driver’s insurance company in addition to helping you seek workers’ compensation benefits.
A vehicle manufacturer or maintenance provider – Some accidents result from mechanical failures or defects. If faulty brakes, tire blowouts, steering problems, or other defects led to the crash, the vehicle’s manufacturer or a company that serviced the car may be liable. These claims often fall under product liability laws, requiring detailed investigations and highly technical evidence for you to recover compensation.
A third-party contractor or company – If the crash involved employees from multiple companies – for example, at a construction site or while working in logistics – another business may share responsibility for the crash. We can look into whether a third party’s actions or policies created unsafe driving conditions or contributed to the wreck and, if so, hold them accountable.
A government entity – In some cases, poor road design, malfunctioning traffic signals, or lack of maintenance (like potholes or missing signage) cause accidents. When that happens, a local or state government agency responsible for road maintenance or design could be liable for your injuries. Claims against government bodies have special rules and strict deadlines, so it’s crucial to act quickly and contact an experienced attorney right away.

What Challenges Are Involved with Work-Related Car Accident Claims?

Work-related car accident claims can get complicated fast. You may have to deal with both workers’ compensation and personal injury insurance systems, each with different rules and deadlines. Additionally, figuring out who’s at fault isn’t always simple, especially if the collision involved multiple parties. Insurance companies might also try to downplay your injuries or argue about whether the accident was truly work-related, which can delay or reduce your compensation. The best way to overcome these hurdles is to hire a workers’ compensation lawyer as soon as possible after the crash.

Our clients have recovered millions of dollars with our help, including a recent case where our client won a $2.625 million workers’ comp settlement. Although each case is different and past results cannot guarantee future outcomes, some of our other notable case results for work-related accidents include:

We secured medical benefits and ongoing wage benefits for an employee who was denied benefits for his knee and leg injuries after an on-the-job auto collision (Frederici v. Skansa).
The North Carolina Court of Appeals affirmed the award of benefits for an employee of a taxi company whose employer tried to argue that he was an independent contractor when he was injured in an auto collision while on the job (Mills v. Triangle Yellow Transit).

Call Our Raleigh Workers’ Compensation Attorneys for Help

Younce, Vtipil, Baznik & Banks, P.A. has over 90 years of combined experience across multiple legal disciplines, including workers’ compensation and personal injury cases. We’ll do whatever we can to make this experience as painless as possible and help you demand maximum compensation.

We’re proud of the feedback we’ve received from our clients, such as this recent testimonial:

“Mr. Baznik handled my workers compensation case and stayed well ahead of it. Always keeping me informed and going the extra mile for my needs. I’m so glad I chose to call Joe Baznik and will use his team again if I ever need an attorney” — Jon C.

Injured in a Car Accident While Working in Raleigh, NC