Can My Employer Be Held Liable If I’m in a Car Accident While Working?

For anyone who has to drive a vehicle on company time, knowing what to do if you have a car accident while working is crucial. One of the main reasons for this is because you never want to get behind the wheel of a vehicle without being properly prepared in case you are in a car accident. You need to know that the vehicle is registered and insured. When the police arrive at your accident scene, the last thing you want is to not be able to provide them with all the required information or to be discovered to have been driving a vehicle that was not properly registered or insured.

What to Do If You’re in a Car Accident While Working

Assuming the vehicle you are driving for work, whether it is your own personal vehicle or one provided to you by your employer, is properly registered and insured, here are the main factors that decide if your employer is liable if you are in a car accident while working:

  • Your actions were in the scope of your employment duties.
  • Your actions were done while you were on the job.
  • You were performing a job duty that you were hired to perform.
  • Your employer benefited from the work you were doing when the car accident occurred.

The work injury lawyers at Robbins, Strunk & Cramer believe the rights and safety of workers should always come first. Our firm is dedicated to helping our clients hold negligent employers or third parties accountable for injuring them as well as assisting injured workers and their families with securing financial help for hospital bills, lost wages and rehabilitation expenses.

Workers Compensation Experts

Consult With an Experienced Workers’ Compensation Attorney Today Pursuing Claims in Gilroy, Hollister, Morgan Hill, San Martin and surrounding areas

Injured at work? Having trouble understanding the paperwork? Is your medical treatment being denied or delayed? Discuss your situation with a highly-skilled Workers’ Compensation Attorney at the law firm of Robbins, Strunk & Cramer, and get the legal representation you need to receive the benefits you deserve.
The Robbins, Strunk & Cramer Difference

Since 1992, our distinguished attorneys have successfully represented injured workers in all occupations and workplace settings on a wide variety of workers’ compensation matters serving, Hollister, Morgan Hill, San Martin, Gilroy and surrounding cities. Our impressive record of accomplishment and personalized service has earned us the reputation as the South County’s premiere work injury law firm. With more than 50 years of combined experience, we are committed to helping our clients achieve their goals and compassionately and effectively guide them through every step in the process. Our dedication to excellence, proven results and outstanding client service is unsurpassed, and we look forward to successfully working on your behalf.
Our Full-Service Workers’ Compensation Practice Includes:

Petitions to Reopen
Workplace Accidents
On the Job Car Accidents
Common Workplace Injuries
Construction Site Accidents
Labor Code 132a Petitions
Serious and Willful Misconduct
Exposure to Toxic Substances
Industrial and Manufacturing Accidents
Workers’ Compensation Cases and Appeals

Notary Public Services Offered

Robbins, Strunk & Cramer also provides notary public services for all your notarial needs. Fees are dependent on the signatures and/or document involved. Please call to schedule an appointment for this service.
Discuss Your Case With a Gilroy Attorney Serving San Martin, Hollister and Morgan Hill in Workers’ Compensation Law

If you’ve been injured on the job, please contact the law firm of Robbins, Strunk & Cramer for a free initial consultation either in person or over the phone. Our team of caring and highly experienced attorneys will efficiently evaluate your case, personally answer your questions and confidentially advise you on the most beneficial course of action. We have an office conveniently located in Gilroy and are always available by phone. Give us a call today!

WHY YOU NEED A WORKERS’ COMPENSATION ATTORNEY

· Our attorneys can you the new changes in the workers’ compensation system how they apply to your case

· Our attorneys will help you with making an informed decision on an evaluator to determine the issues associated with your case

· Our attorneys can help you with finding a new treating doctor for your injuries.

· Our attorneys can advise you regarding which workers’ compensation laws with your case and your date of injury

· Our attorneys can explain the workers’ compensation medical treatment limitations and provisions associated with your case.

· Our attorneys will work with your physician to get the information needed regarding your permanent disability and medical treatment.

· Our attorneys will explain the voucher system to you

· Our attorneys can help expedite going to court for medical treatment, temporary disability and a fair permanent disability settlement.

Social Security Disability Insurance

If you have been off work for a year or more or your doctor believes you may be off work for a year or more, you may qualify for Social Security Disability Insurance.  Please note that this is not your retirement money.

It is important to have a work injury attorney through this process. We make sure your health and right are taken care of at Robbins, Strunk & Cramer .

State Disability Insurance (SDI)

If your claim has been denied or the insurance company determines that you are ineligible to receive compensation, you may qualify for State Disability Insurance.  You may not receive both workers’ compensation benefits and State Disability Insurance at the same time, unless you receive a rate differential.  Workers’ compensation benefits and State Disability Insurance weekly rates are calculated differently.  Sometimes SDI’s rate is more than your workers’ compensation weekly rate.  In this case you are entitled to receive the difference in pay rate.  For example, if you would receive $800 from SDI and you would receive $500 a week from the workers’ compensation insurance company, the difference would be $300.  Therefore, you would receive $500 from the workers’ compensation insurance company and $300 from SDI to bring to the $800.


It is important to have a Pleasanton work injury attorney through this process. We make sure your health and right are taken care of at Robbins, Strunk & Cramer .

Recognizing and Completing a Workplace Discrimination Complaint

Discrimination at the workplace happens every day in multiple forms. If an employer has treated you unfairly, you have rights that protect you. Some examples are race, age, physical or mental, gender, marital status and medical condition.

Unlawful employment discrimination states the employer’s discriminatory conduct in a term, condition or privilege of your employment. Examples are refusing a hire, terminating an employee or offering different compensation.

To file a complaint contact the Department of Fair Employment and Housing. Complaints have to be filed within one year from the date of the alleged discriminatory act.  You must pursue administrative solving prior to a civil lawsuit.

After filing a complaint, an employer cannot retaliate against you.  You can not be punished for filing a complaint. Successful claimants will receive compensation for lost wages, punitive and compensatory damages, and attorney fees.

Treatment after Your Work Injury

After a workplace injury or illness, it is imperative you immediately notify your employer. It ensures that your workers’ compensation process will proceed smoothly, so you receive the proper compensation.

If your work-related injury is not notified within 30 days of the accident, you may forfeit your workers’ compensation benefits. After filing your claim, your employer will direct you to a health care provider. Under California workers’ compensation laws, you are entitled to medical benefits while your case is being investigated. After the initial 30 days, and you still need medical attention you may switch to a different doctor, within your employer’s medical provide network, if one has been established. The workers’ compensation program and your employer will dictate the medical treatment you receive.

The claim administrator will decide whether your medical treatment will be approved. Your plan may be subject to review by a third party retained by the claims administrator (utilization review). If your treatment is denied, you may appeal this denial by requesting an independent medical review.  There are time limits on appeals.

It is important to have a Pleasanton work injury attorney through this process. We make sure your health and right are taken care of at Robbins, Strunk & Cramer .

Workers’ Compensation

Workers’ compensation can help with much-needed financial compensation during this difficult time.  It helps individual injured on the job with medical bills and lost wages associated with on the job injury or illness.

Employers in California are required to have a workers’ compensation insurance policy.  To be eligible for workers’ compensation, you must have been injured or became ill while acting on behalf of your employer.  Examples include: back injuries, head injuries, amputations, illness, carpal tunnel and more.

To start a California workers’ compensation claim, you must notify your employer immediately after the injury or illness and complete a claim form.  Your employer is required to forward the form to the appropriate administrator within one working day of receiving the claim.

Workers’ compensation can begin while your claim is being handled.  Within one day, your employer must authorize up to $10,000 in medical treatment.  Payments for disability and lost wages do not start until after your claim has been approved.

Speak with a Pleasanton work injury attorney from Robbins, Strunk & Cramer .  We are here to help you with dealing with all the steps in a compensation claim.

Third-Party Injury Claims

If you were injured in a construction accident caused by a company’s negligence or by another person, you may be entitled to lodging a third-party injury claim. In California, it is possible to lodge a third-party claim against the individual(s) responsible. For example, if a worker fell from an improperly designed scaffolding, he can claim workers’ compensation and file a third-party claim against the manufacturer of the scaffolding.

Workers’ compensation only pays two-thirds of a worker’s lost wages. In a third-party claim, it could be possible to recover 100% of lost wages, medical costs, future costs, pain, suffering and more. Workers, who are partially at fault, can still lodge a third-party claim.  The amount of compensation is dependent on the percentage of responsibility for the accident. For example, if the worker is 25% responsible they will receive 75% of the total settlement.  We work closely with your third-party attorney to maximize your benefits in your workers’ compensation case.

If you or a loved one was injured on the job, consult with a qualified Pleasanton work injury attorney at Robbins, Strunk & Cramer for a consultation about your potential case.