Involved in car accident while on the job. I was not driving. Can I bring a lawsuit?

Involved in car accident while on the job. I was not driving. Can I bring a lawsuit?

I was in the back of a delivery van (company policy) and the driver was in an accident. I was banged up and sustained a cracked rib. I didn'-t file for worker'-s compensation, because they kept me on the job and paid me more than what wc was going to pay. I didn'-t want to attempt a lawsuit at the time because I needed my job. However, I do have problems with my back and they have since found a reason to fire me. Do I still have the ability to bring a lawsuit against this company?

Jay

Not sure, but you have a year to file a work comp claim. If it's over a year good luck.

MaryBell

Depending who was at fault. If the other party was at fault, you have 2 years, in the state of TX, to file an injury claim. If your driver was at fault, you would need to file a claim with your company's commercial automobile coverage. I am an auto adjuster and a worker's comp adjuster. However, if you settled with your company and accepted pay, they might make you use that money to cover your expenses. The key is who is at fault. Again, if the other party is at fault for the accident GO AFTER THEIR INSURANCE. Hope that helps!

debbie

as long as you are within the statute of limitations which i believe to be 2 years i see no reason why not. you need documentation. contact a lawyer and see if someone will take the case.

kuz

if you didn't report it at work not likely

Citizen1984

Probably not. If you are an employee your sole remedy is worker's compensation. But, consult with an attorney to be sure.I am not a lawyer. Only licensed lawyers can give legal advise. The above should not be construed as legal advise.

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