Work Injuries & Auto Accidents

Working injuries that result from auto accidents are among the most common and complex claims an experienced Louisiana workers’ compensation law firm can handle.

The Occupational Safety and Health Administration reports someone dies in an auto accident every 12 minutes in the United States. Someone is injured every 5 seconds. Many of these accidents involve employees who were on the job. The National Highway Traffic Safety Administration reports the average injury crash costs an employer $74,000,while fatal crash costs can exceed $500,000.

Those who are injured in a traffic collision while on the job are best served by immediate consultation with an experienced work injury lawyer in New Orleans, Covington or Raceland, that also has significant experience in handling auto accident litigation.

At Wanko Law, we focus exclusively on fighting for the rights of employees and their families after all types of job accidents, including many auto accidents.

Liability for Job-Related Auto Accidents

The good news for employees who are injured in a traffic collision on the job is that there are often more avenues for recovery in the wake of a job-related motor-vehicle accident. The bad news is that each party will attempt to shift the blame to someone else.

Workers’ compensation insurance covers most Louisiana employees who are injured on the job by providing a wide range of benefits, from medical care and rehabilitation, to lost wages and disability benefits, regardless of who was at fault. The system aims to provide timely benefits to injured workers and families. But in exchange employees are generally prohibited from suing an employer for personal injury or wrongful death.

However, a third-party may be pursued for damages if it can be determined such parties caused or contributed to the accident or injury. This can include an at-fault driver not employed by a victim’s employer, an at-fault party’s insurance carrier, a victim’s own auto insurance carrier, a property owner, or any other party that can be found negligent or liable.

Proper investigation of all of the facts and circumstances of your collision, and identifying all of the parties responsible, are critical steps to making a comprehensive claim for damages after a work-related auto accident in Louisiana.

There are many complications that arise in such cases, including:

• Job Accidents: Whether an employee was on the job when an accident occurs. Employers or insurance companies may claim lack of coverage while an employee travels to or from work or job sites, is at lunch, or is engaged in personal errands.
• Auto Insurance coverage: Liable insurance carriers may include an employer’s insurance carrier, an at-fault driver’s insurance carrier or a victim’s insurance carrier.
• Comparative Fault: Louisiana is among a dwindling number of states with the most generous comparative fault laws. Louisiana’s comparative fault law is found at Louisiana Civil Code 2323 and reduces potential liability by the proportion of a victim’s fault. But even if a victim is found 90 percent responsible, he or she may still recover 10 percent from other at-fault parties. Most states prohibit recovery when a victim is found at majority fault.
• Third-party liability: As discussed, other parties who are found liable may be pursued via a third-party liability claim.
• Competing coverages and claims: Auto accidents while on the job are among the most common types of claims to be paid by two or more competing insurance companies. The law does not allow you to recover duplicate compensation - whether for medical care, property damage, lost wages or other claims. As a result, competing insurance companies will often battle among themselves for who is responsible and victims are responsible for ensuring they are not paid twice for the same loss or may face an action to recover such overpayments.

At Wanko Law, we believe early consultation with an experienced work injury lawyer in New Orleans, Raceland or Covington, is a vital first step when it comes to protecting your rights and the financial well-being of you and your family following a work accident. But that is particularly true after a serious or fatal motor vehicle accident. In many cases, there can be significant benefit to pursuing all or part of a claim against a specific liable party. In every case, identifying all liable parties and avenues of recovery are vital to making a comprehensive damage claim and winning all of the benefits to which you are entitled.

Often, acceptance of payment from one party can reduce your ability to collect a more significant damage award from another liable party. In each case, you will be fighting for fair compensation against a team of experienced insurance adjusters, investigators, and legal and medical experts focused on reducing their own liability, and paying as little as possible on your claim.

If you have been injured, call day or night for a free and confidential consultation to discuss your rights. Call 985-893-6530.