What is the law regarding compensation for an accident in a company vehicle?

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What is the law regarding compensation for an accident in a company vehicle?

My husband was involved in a company vehicle accident early last week. He was hit from behind with another company vehicle, which in turn was hit from behind from a civilian vehicle. The impact caused no damaged to vehicle 1 but damage to vehicle 2 and 3 (3 was my husband’s vehicle). It literally lifted his transport van and pushed in the doors with estimates of about $6000 in damages. My husband had a little pain the first day but the following day he had a lot of pain in his neck and the following day in his neck and back. The pain had increased several days and for over a week has remained in his back. He takes an over the counter pain reliever several times a day and wakes up in lots of pain and comes home from work, usually over 16 hours, in much pain. He is a very hard worker and has worked at the same company over 25 years and has had less than 5 days of sick leave in all of these years. He is not a complainer. He has told his safety people many times that he is experiencing pain and discomfort. They are asking him,

Asked on April 19, 2017 under Personal Injury, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since your husband was injured on the job while driving a company vehicle, he has a workers' compensation claim.  His employer's HR department should have the appropriate forms for filing a workers' compensation claim.
Workers' compensation will pay your husband's medical bills and wage loss.
Your husband needs physical therapy for his pain from a rear-end collision.
The medical appointment should be private.
It would be advisable to speak with a workers' compensation attorney.
As for the property damage claim against the at-fault party, your husband does not need to worry about that because the registered owner of the vehicle he was driving was the company.  Therefore, the company will file a property damage claim with the at-fault party's insurance carrier.  If the at-fault party does not have insurance, the company will file an uninsured motorist claim through its (company's) insurance carrier.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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