Car accidents are daily occurrences in Mesa. If you have been in one of these accidents, you have probably filed a claim against the at-fault party or their insurance provider. Usually, claims are resolved by determining fault and negotiating a settlement.
However, what if a car accident occurs while you work? In this case, a workers’ compensation case, personal injury case, or both may arise. You need to speak with a workers compensation lawyer in Mesa to help you determine your legal options and increase your chances of making a full and fair recovery.
When Does Workers’ Compensation Cover Car Accidents?
Workers’ compensation insurance is required for most employers in Mesa. Workers who are eligible for workers’ comp can get coverage for a portion of the wages they lost, their medical expenses, and disability benefits. Workers’ compensation can cover losses sustained in a car accident but under some conditions.
In Mesa, workers comp covers car accidents if a worker was carrying out a job-related task when the crash took place. For instance, a delivery rider who sustained an injury while dropping off a parcel may be eligible for workers’ comp benefits. But if this driver got into a crash on the way to lunch, a personal injury claim may help them secure the compensation they need. Workers’ compensation does not cover car accidents that occur during personal breaks, commutes to and from work, and detours while they travel for work.
Is It Possible to File Both a Workers’ Comp Claim and a Personal Injury Lawsuit?
Employees enjoy no-fault benefits from workers’ compensation. Thus, if you were in a crash while working, you may secure benefits no matter who caused the accident. However, in exchange for such benefits, you cannot sue your employer for negligence.
Personal injury claims are possible for work-related car crashes caused by a third party. In such cases, an employee may be able to collect both personal injury compensation and workers’ compensation benefits for the same car accident. By filing an injury claim, a worker can seek reimbursement for all their losses that workers’ compensation does not cover. These include property damage, punitive damages, and pain and suffering. As car accidents can involve several parties, you need to hire an experienced attorney to review the facts of your case, so they can determine its validity. Your attorney will make sure you secure the full compensation you deserve from all potential sources.
