It’s not unusual to be involved in a motor vehicle accident while on the job. If you’ve been hurt at work while driving or riding as a passenger in car or truck, your first thought might be to file a workers’ compensation claim. It’s important to understand, though, that the workers’ compensation system is designed to help you streamline the process for recovering compensation for the carelessness of your employer. It’s often referred to as your “exclusive remedy” for a work-related injury. But what if the person at fault was neither your boss or a coworker. Are you still limited to the benefits you can get through a workers’ compensation claim? Not necessarily.
The Benefits of Filing a Workers’ Compensation Claim
The workers’ compensation laws were enacted to simplify the process for workers and for employers. As an injured worker, you’ll have access to benefits within a few days or weeks, provided your claim is approved. You won’t have to wait on a court docket and you won’t have to spend months going through the discovery process.
As an employer, you’ll benefit under the workers’ compensation because of the limit set on the financial recovery. Typically, the benefits are based on the worker’s recent pay. You won’t have to worry about a sympathetic or potentially punitive jury award.
Filing a Third Party Claim
The workers’ compensation laws provide the exclusive remedy only for injuries caused by the negligence of an employer or a co-worker. If your injuries were caused, in whole or in part, by an unrelated third party, you can file a civil lawsuit against that person seeking damages. In fact, you can file a workers’ compensation claim and a personal injury lawsuit simultaneously. You just can’t recover twice for the same loss. If your medical expenses are covered by workers’ compensation, you won’t be able to recover for the same damages in your civil suit.
Contact the Law Office of David J. Karbasian
Contact us online or call our office at 856-667-4666 / 856-600-HURT to arrange a private meeting. Your first consultation is free. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home, if necessary.
