If you are injured in an accident while working, there are different insurance coverages and companies that come into play. Let’s say you are an HVAC technician driving the company van on the highway when you are suddenly struck in the rear by another car. Or, you slip and fall on a dangerous patch of ice while walking to the front door of a customer’s home who has failed to properly clear and salt the area. You are hurt. You are taken from the scene by ambulance. What happens next? Who will pay for your medical bills? What if you miss work? Will you be paid while you’re out?
If you are “on the job” and involved in an accident causing you injury during that time, two claims that concern you are created. The first claim is a worker’s compensation claim. The worker’s compensation claim will be reported to the proper insurance company by your employer. The claim will cover your medical bills and lost wages. There are certain requirements within those claims to maximize your benefits, but for the purposes of this article, we will not get into specifics.
The second claim is called the bodily injury claim. The bodily injury claim is covered by the insurance company of the party that caused the accident. This is the claim where you “settle” your case or take it to trial. Whatever injuries, symptoms, disability periods and other personal damage you suffer as a result of the accident will be handled within the bodily injury claim.
Your attorney will communicate with both companies while you are undergoing medical treatment for your injuries. He or she will make sure your medical bills and/or lost wages are being paid; and will obtain your medical records, medical bills and other supporting evidence to maximize the value of your case against the at-fault party’s insurance company.
In most cases, whatever the worker’s compensation carrier pays out on your behalf will be attached to your other claim in the form of a lien on your case. This lien will be considered within the value of your bodily injury claim when negotiating. Your attorney will ascertain the final lien amount and will consider all avenues to maximize your recovery.
The bottom line is: when you are injured on the job and the injury is caused by another party, you are entitled to compensation through your employer’s insurance AND the at-fault party’s insurance. Let our office show you all your options and call us at (617)773-3500.
