On-the-Job Motor Vehicle Accidents
Call to Work with Our Oakland Workers' Compensation Lawyers
In today’s day and age of expedient service and same-day deliveries, there is an increasing number of occupations that require employees to regularly set out on public roadways. From mail couriers and food delivery crews to commercial truck drivers and shuttle staff, all sorts of careers involve transportation directly related to necessary duties. What many employers do not realize, or do not want to accept, is that by taking a worker out of the office or retail location and requiring them to embark on a trip across town puts that employee at an increased risk of injury.
Oftentimes, when an employee is hurt while driving on-the-job, they find themselves in a predicament of trying to get their parent company to accept responsibility. What many employers try to claim is that they are only accountable for accidents that happen at “home base” or the office. At Pacific Workers', The Lawyers for Injured Workers, our Oakland workers’ comp attorneys are dedicated to bringing fair representation to people in such seemingly one-sided situations.
If you were injured on-the-job while driving, contact our Oakland company car accident attorney. Call (888) 740-6434 today!
Common Dangers Involving Motor Vehicles at Work
Workers who traverse public roadways to fulfill the duties as described in their job title are not necessarily the only ones in danger of on-the-job motor vehicle accidents. There are plenty of occupations that require the operation of mobile, heavy machinery. Without proper training or maintenance, these helpful machines can become dangerous to industrial workers.
Motor vehicles that frequently pose a hazard to workers include:
- Forklifts
- Tractors
- Motorized pallet jacks
- Cranes
- Mining equipment
- Lawn care equipment
For many other workers, driving a vehicle is essentially the backbone of their professions. While it might be expected for them to get ample coverage in case of a car accident, this is not a guarantee. It may be necessary for them to get help and guidance from a professional lawyer instead.
In the past, we have represented workers who spend much of their time on the road, such as:
- Police officers
- Firefighters
- Paramedics
- Taxi drivers
Why We Should Be Your Go-To Source of Legal Representation
When you have suffered a workplace accident – or an injury caused by an offsite traffic collision – there is more to your case than just a price tag on your recovery. Your entire livelihood could be on the line. If you are unable to recuperate properly after your accident, you might lose the ability to function at work at all and find yourself with little to no income.
Since so much is hanging in the balance, you need confident and experienced advocacy in your corner. At the Pacific Workers', The Lawyers for Injured Workers, our Oakland attorneys have chosen to focus the entirety of the practice on workers’ comp claims and cases. With 130+ years of combined experience and an AV® Preeminent Rating by Martindale-Hubbell®, we have been able to establish a respectable name for ourselves in the Bay Area.
Contact our firm today by calling (888) 740-6434 to request a free case evaluation with a compassionate and knowledgeable team. We are located in Concord and Oakland.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
