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On-the-Job Traffic Accidents Can Involve Personal Injury and Workers’ Comp Claims

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On-the-Job Traffic Accidents Can Involve Personal Injury and Workers’ Comp Claims

On-the-Job Traffic Accidents Can Involve Personal Injury and Workers’ Comp Claims

By Jan Hoen

Being hurt in a motor vehicle accident can be a frightening experience. But when you’re injured in a car or truck accident while on the clock, you may face additional stress and confusion. You may be eligible to receive workers’ compensation benefits for your injuries, but what about a personal injury claim? Is it possible to file both?

In short, yes, some workers injured in crashes on the job may be able to file both a workers’ compensation and a personal injury claim, but this doesn’t apply to all cases. Here, we’ll look at why multiple claims are possible in these accidents and how an attorney can help you navigate this complex legal issue.

Workers’ Compensation Claims for Traffic Accidents

Generally speaking, injuries that result from a motor vehicle accident while an employee is performing duties as a part of their job are eligible for workers’ compensation claims. For example, if you are injured while transporting co-workers to an event on company time, you are most likely eligible for benefits. However, if you are hurt in an accident while running personal errands, you are most likely not eligible for workers’ compensation benefits.

If you are unsure of whether or not your injuries are covered by workers’ compensation, it’s best to consult with an experienced attorney before filing a claim.

Personal Injury Claims for Traffic Accidents

When an on-the-job car or truck accident happens because of the negligent or careless actions of another party, the injured worker might be eligible to file a personal injury claim in addition to their workers’ compensation claim. One of the most common ways this happens is when a worker is operating a vehicle on public roads for work, and they are struck by another motorist.

A successful personal injury claim can cover your medical expenses and lost wages, similar to a workers’ comp claim, but might also provide compensation for your suffering and pain as well.

Beware of Subrogation Liens on Your Personal Injury Settlement

While overlapping workers’ compensation and personal injury claims can help you maximize your compensation, they can also make the process of resolving your claim more complex. There are many reasons for this, but one of the most common challenges is subrogation liens.

If your workers’ compensation insurer has paid benefits on your behalf, and you later receive compensation from a personal injury settlement involving the same incident, your insurer may be able to recover some or all of the benefits they’ve paid you from your settlement. This is known as a subrogation lien, and it can significantly reduce the amount you ultimately receive. For this reason – and many others – it is essential to work with an attorney who has experience handling both personal injury and workers’ compensation claims.

Help for Workers Injured in Work Travel Accidents

If you are injured in a traffic accident while working, you may have the right to receive compensation for your injuries. However, navigating the process alone can be a daunting task. Having a seasoned personal injury attorney to advocate for you can make a massive difference in the outcome of your claim.

At Hampton Injury Law, PLC, we’re committed to helping you get the compensation you deserve. Our experienced team will guide you through the personal injury and workers’ compensation claim process, ensuring you can focus on your recovery while we handle the legal battles.

Contact us today for assistance with your claim involving an on-the-job auto accident. Let’s reclaim your life together.

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