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Know The Law – On the job car crashes

Posted at 9:00 AM, Jun 24, 2017
and last updated 2017-06-24 09:01:05-04

A car accident while working can be an extremely complicated circumstance. Why? Because there are several different ways that you can be compensated for your injuries.

The first way to get compensation is by filing a workers’ compensation claims. Workers’ compensation insurance protects employers and employees in the event of a work-related accident, including on-the-job car crashes. Almost all employees are entitled to workers’ compensation benefits if they’re injured on the job. To file a workers’ compensation claim, you don’t have to prove that anyone did anything wrong – the only qualifier is that you’re an employee who was injured while working.

The second way to be compensated for your injuries is to file a claim for no-fault benefits with your auto insurer. No-fault benefits include medical expenses, lost wages and any replacement services (i.e., household chores) that you needed. Similar to workers’ compensation, you don’t have to prove that anyone did anything wrong to receive no-fault benefits.

A workers’ compensation claim and a no-fault claim are actually interrelated. This is because the no-fault insurer can subtract the amount it owes you in benefits by the amount you get from the workers’ compensation carrier. So if you have both a workers’ compensation and a no-fault claim, you need to make certain that you’re getting exactly what you’re owed in total.

Another way to get compensation for your car accident injuries is to file a liability claim against the other driver. For example, suppose you’re driving as part of your job and you are struck by someone who ran a red light. You may be able to bring a liability claim against the driver who hit you. If you file a liability claim against the other driver, it’s important to remember that a workers’ compensation carrier may be able to assert a lien against any amount you get in the liability suit. In other words, the workers’ compensation carrier can ask for reimbursement of the benefits it paid from the amount you receive in the liability action.

If you’re injured in an on-the-job car accident, you may ultimately have three different claims – and they’re all interrelated. Because of the complexity of the issues, it is not recommended that persons proceed without legal counsel in these kinds of cases, because it can be challenging to figure out which insurer you’re dealing with and how much you’re actually owed.