Getting involved in a car accident while at work is a tricky situation, since there are many possible outcomes, depending on what you and your worker's compensation insurance company decide to do. Here are four possible results.
You Claim Worker's Compensation Only
The first possible outcome is that you get compensated via worker's compensation insurance that your employer carries. This will cover your medical bills and pay for part of your salary while you take time off work to recover. Getting that salary portion paid will depend on you getting a note from your doctor that states how long you should be exempt from work to recover.
In some cases, this is as far as things go. If you were at fault for the accident, then you won't be very successful at suing the other driver in the accident. Or, if the damages are pretty small and the other driver was at fault, you still might choose not to pursue a claim because it does take a lot of effort to start a lawsuit.
You Start a Lawsuit
You might also decide to hire an attorney and sue the other driver if they caused the accident. This is helpful for getting paid for a lot of other expenses that your worker's compensation doesn't cover. Damage to personal belongings or your vehicle, loss of personal mobility and the stress that causes to your psychological well being, and loss of consortium are some of the additional items that a lawsuit might cover.
Your Insurance Company Starts a Lawsuit
Even if you decide not to go after a lawsuit, your insurance company might. They have a lot to gain, because a judge could possibly make the other driver reimburse the insurance company for any worker's compensation benefits they paid to you. They can't do this behind your back, however. They must let you know that they are starting a lawsuit, and they are obligated to pay a portion of the settlement back to you. Basically, after they are reimbursed for their payments, the rest will go to you, minus the lawyer's fees. However, any award amount may be considered if you have future medical bills; you might be required to pay out of pocket up to the amount of your award before worker's compensation starts paying.
You Join Forces with Your Insurance Company
A fourth possibility is that you decide to team up with your worker's compensation insurance company for a lawsuit. This will happen if you both decide to pursue a lawsuit; you shouldn't sue individually.
To learn more, contact a company like Fitzpatrick, Skemp & Associates LLC.
