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Protecting your rights in a work accident has never been more important. In 2022, there were nearly 55,000 workers who sustained work-related injuries on our country’s roadways.  Unfortunately, over a 1,000 workers died as a result of these accidents and never had an opportunity to protect their rights.

The legal process for victims of work-related car accidents is far more complex than in a typical car accident.

Car accidents are never pleasant to go through. You might be confused, in pain, have financial concerns and are frustrated about the injuries you’ve experienced because of somebody else’s actions. It’s normal to have questions about what happens next.

  • How will this affect my job? 
  • How am I going to pay for my medical care? 
  • When can I get back to normal? 

Whether you’ve been in a minor fender-bender or a catastrophic collision, knowing what steps to take can keep you safe and protect your rights.

What is a Work Injury Case?

11/18 Reno, NV – Car Crash Leads to Injuries on I-80 Near Prater Way

A work injury case is a type of personal injury case during which somebody is injured while working. That can include getting into a car accident while driving an employer-issued work vehicle or your own vehicle while performing job-related duties.

Employers have a general legal responsibility to use reasonable actions in order to keep their employees safe while working. Faulty equipment, missed vehicle inspections, and other safety lapses can leave your employer responsible for your accident through the worker’s compensation system.

However, you may also have a work injury case if a third party — a vehicle driven by somebody unrelated to your work — collides with your vehicle while out on the road.

Your Priorities After a

Work-Related Auto Accident

The time immediately following a work-related accident can be a blur; there may be a lot of commotion, yelling, emergency vehicle sirens, dust, debris, and smoke. Protecting your rights starts the minute you get into a car accident.

Safety should always come first during a car accident. Look around you to see what’s happening in your immediate surroundings; if there’s an engine fire, debris in the road, or other hazards, do your best to get to safety. When accidents happen on crowded roadways, you may be at risk of another vehicle hitting yours or the other driver involved in your accident. If your vehicle is functional, you may slowly and carefully move it off the roadway onto the shoulder.

Before you do anything else, make your injuries your top priority. Even if you feel fine following a car accident, serious injuries, like head injuries and internal bleeding, may not be immediately apparent. It’s best to be evaluated by a medical professional as soon as possible, whether that’s by emergency medical personnel on the scene or medical providers at a local emergency room.

When you seek medical attention, you start formal documentation of your injuries, which is crucial if you eventually work with a personal injury attorney.

Anytime you’re in a car accident, no matter how minor or severe, call the police department immediately. The law enforcement officer who comes to the scene will write a police report that can be used by your attorney. This report may include descriptions of the scene, witness statements, and a preliminary determination of fault.

If the other driver tries to convince you not to call the police, do not let them sway you; the only way to protect your rights is to start a paper trail so your accident does not become a matter of your word against the other driver’s.  Assess if there are any witnesses and obtain name and telephone numbers.  Not every witness stays until the police arrive.

You must also report the accident immediately to your employer. It doesn’t matter who is at fault; if you delay reporting your accident, it can also delay when you receive compensation or if you receive it at all. The accident report will serve as evidence to the insurance company that you were injured on the job.

Seeking medical attention should be your first step after an accident, but as long as you’re medically stable, you want to document your accident as much as you can in the event a claim is made. Use your phone camera to:

  • Take pictures of the vehicles involved and any visible damage.
  • Photograph any injuries sustained.
  • Capture the surrounding area.
  • Note any property damage.
  • Detail any vehicle damage.

Taking photos is a smart thing to do. You can also protect your rights by writing down any pertinent details from the incident: what you were doing and what the other car did. Exchange contact and insurance information with the other people involved.

Your evidence may play a crucial role in any legal proceedings. As you recover and begin the legal process, start a file for all your documents, including police reports, medical records, repair estimates, and correspondence with insurance companies. These documents will help your work injury lawyer build the strongest case possible.

While it can be tempting to talk to others about your experience or share what happened to you on social media, avoid doing this.  It is not uncommon for people to think they may be at fault for an accident but later learn they may not be responsible, depending on what the evidence shows.   As a result, it is always best if you do not talk fault with anyone.  Any admission could be used against you at a later point in time.  Should the other driver be at fault, let your legal counsel prove it through a work injury claim.

Do you need an advocate after a work-related auto accident?

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Worker’s Compensation: Everything You Need to Know

Workers’ compensation is one of the concepts you’ll come across if you are injured in a work-related car accident. An experienced personal injury attorney like those at Brent Harsh Law will know exactly how to navigate this for you.

What Is

Workers’ Compensation?

Workers’ compensation is an insurance policy many employers carry that provides cash benefits to workers who suffer injuries or illnesses during their job duties. State law requires employers to carry this type of insurance or risk being personally held liable in the event of a worker’s accident.

These insurance policies typically cover:

  • Medical treatment
  • Lost time compensation
  • Permanent partial disability
  • Permanent total disability
  • Vocational rehabilitation
  • Dependent benefits in the event of death

Employees are entitled to these benefits as part of their employment, and the employer alone pays for this insurance policy. These policies do not require an at-fault party to activate benefits. However, your benefits may be limited or denied if you were intoxicated during the accident or intentionally injured yourself or the other people involved.

How to File a Workers’ Compensation Claim

When workers are hurt in a car accident while on the clock, there are a few legal routes they can take afterward. They can either pursue compensation through workers’ compensation, a personal injury claim, or both. Brent Harsh Law’s attorneys can work with you to determine your situation’s best course of action.

Employees in Nevada have 90 days after the initial injury to file a claim, so time is of the essence. You should know there are a few differences between workman’s comp claims and personal injury claims:

  • You do not need to establish fault to receive workers’ compensation benefits.
  • Workman’s comp has benefit limits; in Nevada, the maximum you can receive for disability payments is 66 ⅔% of your average monthly wage.
  • Workman’s comp claims do not cover property damage, such as vehicle repairs.
  • Personal injury lawsuits go through the civil court system.
  • Personal injury claims can be filed up to two years after the accident.

A workers’ compensation claim is usually your best course of action. Situations in which you might pursue both often involve a third party or an off-site injury. For example, an attorney may recommend a personal injury lawsuit if you’re driving a company vehicle between job sites and another driver t-bones you. In this case, someone else’s negligence caused your accident.

Each state has a workers’ compensation program through which you must file. In Nevada, that office is called the Department of Business & Industry Division of Industrial Relations. These programs ensure you receive the benefits your employer is required by law to provide you.

What Happens if Your Workers’ Comp Claim Is Denied

While disappointing, it’s possible for your workman’s comp claim to be denied. Your employer’s insurance company may argue that your injuries are not work-related or due to a preexisting condition rather than your auto accident. Your insurance claim may be in jeopardy if you do not submit sufficient evidence to support it, such as omitting medical records. Another reason it may be denied is if you file with the insurance company after the statute of limitations expires. You’ll have little chance of receiving payment for medical expenses if you delay.

You have 70 days in Nevada to file an appeal with the Nevada Department of Administration (DOA), which deals with denied claims. As part of your appeal, you must complete a Request for Hearing form and submit a copy of your denial notice with it. The DOA will coordinate with the insurance companies and your attorney to schedule an appeal hearing.

A Work Injury Lawyer

Protects Your Rights

Unfortunately, knowing your rights is not enough when you’ve been in an auto accident; you need an attorney who is well-versed in your state’s workers’ compensation laws and can ensure that nothing falls through the cracks during legal proceedings.

Once you hire Brent Harsh Law, our lawyers will thoroughly investigate your accident. We’ll gather all relevant documentation, including medical records, the police report, insurance policies, photographic evidence, witness statements, and estimated damages from vehicle repair shops. We know exactly what evidence is needed to ensure you receive the legal compensation that you are entitled to.

After your car accident, any claim you file will likely be with your employer’s workers’ compensation insurance. Insurance companies can be difficult to deal with. Insurance companies can deny your claim or delay the payout of your benefits. At times, you are at the mercy of insurance adjusters, but it doesn’t have to be that way. Brent Harsh Law’s attorneys have decades of experience communicating with insurance companies to make sure you receive the treatment and legal compensation the law requires.

Most workers’ compensation claims are settled out of court. Should your claim be disputed by your employer and the insurance company, it’s still rare for it to go to a hearing. Most end with a compromise agreement or settlement. Brent Harsh Law will protect your rights whether your claim results in a hearing in front of a judge or not. The process can be confusing, but it can be surprisingly stress-free with an experienced attorney in your corner.

A Work Injury Attorney Can Protect Your Rights

We Have Answers.

When it comes to filing a work injury claim, there’s no substitute for the expertise and support of a qualified, experienced attorney. To ensure your rights are protected after a car accident at work, reaching out to the team at Brent Harsh Law is crucial.

We specialize in personal injury law and have a proven track record of helping hard-working professionals like you recover from their accidents and receive the compensation they deserve.

You should never try to navigate insurance claims alone; contact us today for a free consultation.

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