It is very common that people are injured in a motor vehicle accident while they are working or performing job related responsibilities. In these cases, the person who was injured has options between recovery sources. If the employer has Workers’ Compensation coverage, the individual may be able to make a Workers’ Compensation claim to see a doctor for the treatment of their injuries.
More Than One Choice
There is a common misconception that people injured on the job believe that Workers’ Compensation is the only avenue for recovery following an vehicle accident related injury. If the injured party is not at fault, however, and the party who is at fault has Bodily Injury insurance coverage, they injured worker may have a second avenue for recovery as a claim can also be made against the Bodily Injury insurance of the party at fault.
Aside from those, there is another avenue for loss recovery. If the injured party, or the vehicle they were in when the crash occurred, has Uninsured or Under-Insured Motorist coverage in their policy, then there is yet another avenue for recovery. This can apply if the party at fault did not have Bodily Injury coverage on their car insurance or if their coverage cannot fully compensate the injured party.
Aside from the various recovery sources, the injured party can often choose how to proceed with the claim. Whether or not to use their employer’s Workers’ Compensation insurance, a private health insurance, or their Personal Injury Protection (PIP) has to be decided on at the earliest possible time. This decision is vital as to the final outcome of the claim, and the best thing to do is to hire an experienced attorney to maximize your recovery. At Harris Guidi Rosner, P.A., we have attorneys who specialize in Workers’ Compensation claims as well as Personal Injury, so they will be able to advise you of the best course of action.
If the Workers’ Compensation insurance of the employer or the injured party’s private health insurance pays for any benefits, they would maintain legal interest or lien in the personal injury case’s final outcome against the party at fault. If the injured party recovers from the third party at fault, the lien attaches. This means that the Workers’ Compensation or health insurance carrier is entitled to refund what they paid. That is essentially known as the right of subrogation of the insurance company.
It is worth noting that the right of subrogation is only applicable to the recovery made from the party at fault’s insurance; any recovery made collected from any Uninsured or Under-Insured motorist coverage available does not count.
Knowing what to do in the event of a vehicle accident while you are on the job can save you a lot of time, effort, and resources. It can be frustrating to understand the law and navigate all the available choices, so getting the right advice is key. Get a trustworthy, professional opinion from an experienced attorney at Harris Guidi Rosner, P.A..
If you need an attorney following an injury, contact Harris Guidi Rosner, P.A. today online or by call or text at (904) 777-777 to schedule your free consultation.
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