Most people know that when you are injured on the job, you are eligible to file a workers’ compensation claim. Did you know that when your workers’ compensation injury occurs because you were in a car accident, you can possibly recover for your damages in both workers’ compensation and against the at-fault driver’s auto insurance?
Workers’ Compensation Benefits
When a worker is injured on the job, workers’ compensation insurance will cover their medical expenses, payment for time off work and for permanent disability that is sustained after treatment resolves. In Missouri, the workers’ compensation carrier controls the treatment of the injured worker. This means the workers’ compensation insurer will set up the treatment for the injured worker and pay all related medical bills. However, under Illinois workers’ compensation laws, the injured worker has the right to choose their own medical provider and the insurer is still responsible for payment of any related medical bills per the statutory fee schedule imposed under Illinois state law.
In both Missouri and Illinois, the workers’ compensation must provide payment for any time missed from work that is imposed by the treating medical provider. In both Missouri and Illinois, the workers’ compensation carrier must pay for any permanent disability the injured worker sustained in the accident. This amount is determined at the end of the case.
Workers’ Compensation and Car Accidents
When a worker is injured in a car accident while on the job, the same benefits explained above apply. The workers’ compensation carrier will still pay for their medical bills, time off work and for any permanency incurred from the accident. Once the workers’ compensation claim has resolved and the injured worker is paid for their permanency by the workers’ compensation carrier, a separate claim against the at-fault driver can be pursued.
After a car accident, the insurance company will determine who is liable for the injuries. When another driver is the cause of the car accident, their insurance company will be responsible for any damages that the injured worker sustained. This claim is separate and apart from any workers’ compensation claim. The car accident attorney will submit the bills for medical treatment and proof of any lost wages to the car accident insurance company. Once they have reviewed the damages, the attorney and the insurer will negotiate a settlement or the lawsuit will be filed with the applicable circuit court to bring the case to resolution.
Once the car accident case has reached a resolution, your car accident attorney will determine the amount paid by the workers’ compensation carrier for the work injury portion of the claim. The workers’ compensation carrier is entitled to subrogation of the amount they paid towards the claim. The car accident insurer is responsible for payment of this amount, but the injured worker must pay this amount out of their settlement amount or trial award. Usually, the subrogation amount is a factor in the car accident settlement amount.
If you or someone you know is involved in a workers’ compensation car accident, call our firm today at 314-862-7222 to ensure you are receiving all benefits that are owed to you. Click here to fill out a contact form about your workers’ compensation car accident.