How The Wyatt Law Corp Car Accident Attorneys Can Help You

With over 40 years of experience helping clients injured in accidents and on the job, the father and sons legal team of the Wyatt Law Corporation are experts at recovering compensation for people who have been injured in an accident in Northern California.

How The Wyatt Law Corp Can Help You

With over 40 years of experience helping clients injured in accidents and on the job, the father and sons legal team of the Wyatt Law Corporation are experts at recovering compensation for people who have been injured in an accident in Northern California.

Sacramento Workers Comp and Workplace Injury Attorneys

Workplace injuries do not always happen in an office setting or in a parking lot: if your “workplace” is behind the wheel of a delivery vehicle or truck or if you are running an errand for the office, you can just as easily be injured in a car crash while on your way. In fact, given the prevalence of car crashes in California, in some industries you may be significantly more likely to be injured in a vehicle than in the workplace.

Most workers in California know or are informed at the time of hire that workers’ compensation benefits are available to them if they suffer a workplace injury or are otherwise injured or become ill while on the job. However, when one is injured behind the wheel of a car or truck, employees can become confused as to their rights to compensation. Should they file a workers’ compensation claim? Should they file a personal injury suit? Or should they file both?

The Wyatt Law Corp is passionate about helping those individuals injured in California car wrecks understand and exercise their legal rights, including those persons who were behind the wheel because of their employment.

Am I Entitled to Workers’ Compensation Benefits?

Generally speaking, an “employee” who is injured while “on the job” is eligible to apply for and receive workers’ compensation benefits. The two terms in “quotation marks” above are the two terms that are most often litigated in California workers’ compensation cases. In order to be eligible for workers’ compensation benefits in California, a person must be injured while he or she:

• Is an “employee,” as opposed to an independent contractor. Independent contractors who are hurt on the job are not eligible for workers’ compensation benefits. In some cases, the delineation between an employee and independent contractor is clear – someone who is paid by the hour as opposed to the job or project is almost always considered to be an employee. In other cases, whether a person is an independent contractor or an employee can be a more difficult determination. The more control an employer has over the worker – the manner in which he or she does his or her job, the times at which the worker must be at work, and the appearance or uniform the worker must wear – the more likely the worker is properly classified as an “employee” as opposed to an independent contractor (regardless of what any contract or handbook says).
• Is “on the job” and in the performance of his or her duties. Where the employee is running an errand for his or her employer or where driving is part of the employee’s job duties (i.e., a delivery driver who is engaged in making deliveries), an accident on the road will usually be considered “on the job.” A closer question exists when the employee’s job duties include driving or delivery but the employee is injured while on a “detour” – a personal errand. If the employee is injured at a time when the employee is engaged in a task that benefits the employer, then it is likely the employee will be considered to be “on the job.”

Workers’ compensation benefits are available as an exclusive remedy against an employee’s employer. This means that if the car crash is due to the employer’s own carelessness or the carelessness of a coworker (i.e., two delivery trucks from the same company collide with one another), the injured employee is not able to file a lawsuit against the employer for compensation. However, the injured employee may be able to file a lawsuit against a negligent third-party while still pursuing a workers’ compensation claim.

What Should I Do After a Workplace Accident on the Road?

If you are on the road for your employer and you are involved in a car wreck, your first concern should be your own health and safety. Move yourself and/or the vehicle to a safe location if you can do so without causing further injury or danger to yourself. If you are injured or suspect that you might be injured, summon emergency medical assistance as soon as possible.

Next, you should take the following actions:

• If you have not summoned law enforcement officers and/or emergency assistance to the scene of the crash, do so;
• Notify your employer of the crash as soon as practical. Notifying your employer should not take precedence over taking steps to safeguard your health and wellbeing; however, you should notify your employer at the earliest possible opportunity. You may verbally notify your employer, but you will need to notify your employer using a written statement, DWC Form 9783, or some other form provided by your employer. (Failing to timely report your accident can result in a denial of your workers’ compensation claim.)
• Obtain the name, contact information, and insurance information of the other driver(s) involved in the crash. If there are witnesses who observed the crash or spoke with you or the other drivers after the crash, it would be helpful to obtain their names and contact information as well.
• Record and document as many details about your accident as possible. As soon as you are able to do so, create a written record of the facts of what led to the crash. If you are able to take photographs of the accident scene (to include pictures of the overall location of the crash as well as damage to your vehicle), these can be very helpful in assisting your attorney to “reconstruct” the crash.

Contact a California Car Accident Attorney As Soon as Possible

If you need assistance following a car accident that occurs while on the road, look to The Wyatt Law Corp right away. Regardless of whether you are injured “on the job” or not, we can help ensure you obtain full and fair compensation for your injuries. Call Russ Wyatt and his experienced and dedicated legal team today at 916-277-8820.