You may have two claims, one for personal injury if another party was at fault for the car accident, and another claim against your employer’s workers’ compensation carrier. Workers’ comp is a no-fault system so you do not need to prove the other party was at fault. In fact, the car accident could be completely your fault and your workers’ compensation claim would still be valid.
You should discuss your case with an attorney. In some cases, it is prudent to pursue both workers’ comp and personal injury, especially if the party at fault for the accident has deep pockets such as a trucking company. In other cases, it is advisable to only pursue workers’ compensation benefits since any personal injury settlement you get will be considered a credit against your workers’ comp benefits.
Try using the following website to find a reputable attorney in your area that handles both personal injury and workers’ comp https://www.caaa.org/index.cfm?pg=FindaLawyerDirectory
Good Luck to you!
You may have a case for personal injury and workers compensation. It is better to have an injury attorney that handles both types of cases.
you car insuance has limits on what it will pay plus you pay out-of-pocket they go beg the auto insurance to reimburse you. In workers comp, you have to use doctors in the comp insurer's Medical Provider Network, but they you PAY NOTHING OUT OF POCKET (except the gas money to get there). Also, if you're 110% positive you will fully recover and be able to resume all pre-injury job duties, you can pay for the care yourself and skip workers comp... but if there is any chance you will have any permanent disability and you will not be able to resume all your job duties, you'll just be unemployed and on your own if you failed to file for workers comp. If you use workers comp for treatment, and you cannot return to all duties on a temporary basis, you get temporary disability from the comp insurer until the physician releases you to full duty... and if you can never return to full duty, the employer can offer a permanently modified job to save money on the permanent disability award (or you get a 15% increase in the permanent disability award (something car insurance never has).
I agree that you may have two separate claims. Mrs. Wallace advised you well as to the distinction between the auto accident claim and a separate workers compensation claim.
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