How To Deal With A Work Vehicle Accident And Wrongful Discharge

Car accidents are traumatic. It becomes worse when one has been involved in an accident with a company car.

More than often, employers tend to discriminate against those who damage company assets whether through innocence or egregious conduct.

If an employee is involved in an accident and is not at fault, the employer has no right to discharge such an employee wrongfully.

Suppose you have found yourself in a situation where your employer has sent you a dismissal letter immediately after your company car accident. In that case, you need to seek compensation against your employer.

Dealing With Company’s Vehicle Accident

If you have been involved in a vehicle accident, the driver liable will pay for any damage and injuries caused.

But it becomes challenging to deal with an accident involving a company vehicle. In such a case, your employer may be held liable for injuries you suffer.

This may lead them to take adverse action against you as an employee. If you were involved in an accident with a company car and your employer has terminated you, you need to look for an employment attorney in Orange County.

It may be hard to prove such a case. That’s why many consider hiring a lawyer to handle the technicality of such claims. An employee can take many causes of action after an employee company car accident, which could automatically lead to legal action. Some of these include:

• Being discriminated against whereas the car accident was not your fault.

• Being demoted, fired after the accident.

• Being wrongfully termination for filing a worker’s compensation claim to get benefits.

If any of the above happens, or you feel there is prejudice in your case, one best course of action is to seek a lawyer.

Your Employer May Be Held Liable

You do have to fear losing your job by seeking compensation. No employer has a right to dismiss you, although such illegal acts often happen.

The fact is that your employer may be held liable for your mistakes. This calls for the legal concept of vicarious liability to be applied.

Note that the concept is used even if you acted carelessly and your actions led to another person’s injury. But one primary concern is whether you were within the scope of employment during the accident. For instance, if you decided to visit your friend during an errand to make deliveries, but in the process you were involved in an accident the chances are that you will not be compensated for your injuries.

For the vicarious liability concept to apply, you must be within your job when such an accident happened. There are many controversial issues when it comes to determining whether an employee was on the job. While some cases are straightforward, others require an expert’s help to determine whether the driving is to be considered to be on the job.

There are a few cases where the concept will not apply; such as being under the influence at the time of the accident.

The main thing is that,

Being within the scope of employment is a significant issue to get compensated for your injuries.

If you have issues about being on the job and liability, it would be best to consider working with a lawyer.

Have You Been Dismissed After A Company Car Accident?

If you were dismissed after your company vehicle agreement, you would be stressed. You don’t have to carry such a burden alone. You can look for an employment lawyer who understands your rights as an employee.

Suffering injuries means that you may miss work, and you need medical treatment. You don’t have to fear making a claim against your employer.

Your lawyer will determine whether your termination was illegal. They will challenge your termination by use of:

• Breach of fair dealing: If you were not at fault for the accident, but your employer decided to terminate you, it would not be termed fair dealing. Your lawyer can determine whether your situation involves an unfair dealing.

• Any written promise or implied promises made by your employer: If there were written promises, it becomes easy to enforce such in your claim. For implied promises, it would be based on some comments made by your employer about continue employment.

Just because you were involved in a work vehicle accident doesn’t mean you will be automatically compensated. You need to have some good evidence of what transpired; this relates to whether you were within the job.

If you are contemplating filing a claim, you may consider working with a lawyer. Such a lawyer will look out for more details to strengthen your claim

An employment lawyer understands workplace discrimination, retaliation, wrongful discharge. Thus, they stand a better chance to fight for your compensation.

Remember that your employer has a right to fire you without any reason. But where deemed illegal, legal remedies have to apply.