What should i be doing about and accident in a company vehicle deemed the companies fault do to mechanical failure?

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What should i be doing about and accident in a company vehicle deemed the companies fault do to mechanical failure?

Monday made employer aware of
mechanical issue with work truck.
Monday was told it was fixed.
Tues issue is still occuring. New Link Destination
ld
employer and was told they are ordering
a part to fix it, that it should not be
dangerous to drive.
Tues evening mechanical failure occured
which resulted in major accident and
damage to personal property.

Asked on August 7, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are sued by anyone (another driver, whose car you hit; the company or their insurer, for the damage to the company vehicle), you would defend on the basis that you were not at fault for causing the accident, because of the existing mechanical failure.
If you are filing for worker's comp, you cannot also sue your employer for injuries; you get worker's comp or you can sue, not both.


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