A truck after a car accident

Car Accidents While Working

What happens if someone suffers an injury due to a motor vehicle collision while they are working? What kind of benefits are they entitled to?

First, that person would want to pursue their rights under their employer’s workers’ compensation insurance. This could include payment of medical expenses, wage payment while they are out of work, and, if the injury is severe enough, permanent disability benefits.

If another driver was at fault for the collision, the injured individual could also pursue a lawsuit against that driver. They could receive a settlement from the at-fault driver’s insurance for their damages, including lost wages, medical expenses, and pain and suffering.

It is important to note that the workers’ compensation insurance company may have a lien, or claim, against any settlement received from the automobile liability insurance company. This lien would apply to any damages that are considered duplicative.

For example, if workers’ compensation paid for your medical expenses, they have a claim against the portion of your settlement with the at-fault driver’s insurance that also covers those medical expenses. On the other hand, they have no claim to any portion of your settlement that is for pain and suffering, as individuals do not receive workers’ compensation benefits for pain and suffering.

Resolving workers’ compensation liens can be one of the most complicated aspects of a settlement. Hiring an attorney with experience in both workers’ compensation claims and car accident bodily injury settlements is advised.

Picture of Joseph McReynolds

Joseph McReynolds

Joseph McReynolds is an attorney licensed in Kentucky and Tennessee. His practice areas include personal injury and worker’s compensation. Joseph is a husband, father, and pet owner, with two dogs and a cat.


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