Vehicle Accidents and Workers’ Compensation Claims
Many companies and businesses require that their employees drive as part of their job duties. Some examples include delivery services like UPS and Federal Express or your local pizza shop, police agencies, trucking employers, companies that send out their employees to do repairs, and salespeople who need to visit businesses at the business site. When a vehicle accident occurs, it’s natural to think that the primary lawsuit should be against the drivers of the vehicles that caused the accident. If the accident was work-related though, employees can also bring a workers’ compensation claim.
The advantage of bringing a workers’ compensation claim is that there is no need to prove fault. Even employees who caused the accident are eligible for workers’ compensation benefits. These benefits include 2/3 of the lost wages during the time the employee can’t work and 100% of reasonable medical expenses.
Some of the issues an experienced personal injury lawyer will need to review
In vehicle accident cases, the accident must be work-related in order to get workers’ compensation benefits. Accidents that happen while you are driving to work or going home generally are not covered because you’re considered to be “off the clock” before and after your work day hours. There can be exceptions such as if you were running a work errand during the morning or evening commute, entering a specially designated employee parking lot, or if your employer provides transportation for you to the job site.
The workers’ compensation case and the vehicle accident case are not exclusive. This means you can bring both claims – you don’t have to choose one or the other. The vehicle accident case may allow for pain and suffering damages, for car repair or replacement damages, and for full wage loss. So it’s important for your personal injury lawyer to pursue both actions.
The pursuit of both the workers’ compensation and vehicle accident claims generally does not allow for double benefits such as double payment of medical bills. The workers’ compensation insurance company will have a lien on the proceeds of the injury case. In North Carolina, the Jury gets to know about the workers’ compensation benefits paid; however, you can still claim pain and suffering in the injury case before a jury. An experienced personal injury lawyer will work to maximize your benefits between both cases while respecting the North Carolina and Virginia laws against obtaining double benefits.
Joe Miller Esq. helps personal injury victims pursue a just recovery
Lawyer Joe Miller has helped thousands of accident victims in over 25 years of practice. If you’ve been in an accident, the defendants will have lawyers fighting for them. You need a lawyer who knows the laws, knows how to negotiate, and knows how to argue cases before a judge or jury. You may be entitled to lost wages, payment for all reasonable medical bills, and in negligence cases – pain and suffering. Learn more about the possible compensation available to you by calling Joe Miller Law, today at (888) 694-1671.