How Workers’ Compensation and Personal Injury Claims Can Overlap After a Work Vehicle Accident
When driving a work vehicle leads to an accident, an injured worker needs to know how to protect themselves. Not only is recovering from the injuries sustained important, but being able to sustain themselves and their family while out of work is also a top priority.
The most obvious question to ask after a work-vehicle-related accident is: Can an injury victim file overlapping workers’ compensation and personal injury claims? In many situations, it is possible to do so.
However, certain challenges must be overcome. Understanding those challenges and the best ways to overcome them can greatly assist in recovering physically as well as financially from a traumatic accident.
What Does an Injured Worker Need to Know About Filing a Workers’ Compensation Claim?
There are key differences in workers’ compensation and car accident claims. Filing both claims has different processes, and there are some situations where maintaining simultaneous claims is not possible.
To begin, a workers’ compensation claim may be filed with an employer. In Pennsylvania, all employers are required under the law to carry workers’ compensation insurance. Ideally, workers’ compensation insurance provides financial assistance for employees who are injured performing their job duties. Workers’ compensation covers the following types of damages that may be incurred in a workplace accident:
- Lost Wages: A percentage of an employee’s wages is typically covered under most workers’ compensation policies
- Disability Benefits: Specifically long-term disability- may also be a part of workers’ compensation benefits.
- Medical Bills: The medical treatment necessary after a workplace injury is suffered is payable by workers’ compensation insurance
These types of damages are generally known as economic damages- those that can be measured using dollars and cents. Non-economic damages such as pain and suffering cannot be recovered in a workers’ compensation case.
Essential Information About Filing a Personal Injury Claim
Personal injury claims, of which car accidents are a part, are those that a person may choose to file after suffering an injury as a result of another party acting negligently. As opposed to a workers’ compensation claim, a successful personal injury claim requires an individual to prove fault on the part of another person.
Additionally, personal injury claims allow for a broader category of damages to be awarded. The economic damages- lost wages and medical bills- listed previously in the section on workers’ compensation may also be sought in a personal injury claim. However, personal injury claims allow for the full extent of lost wages to be received as well as pain and suffering damages.
Examining the specific circumstances of an injured worker will determine whether filing one or both of these types of claims makes the most sense.
When Does it Make Sense to File Workers’ Compensation and Personal Injury Claims Together?
There are a limited number of situations where a person can file simultaneous workers’ compensation and personal injury claims. A circumstance that lends itself to pursuing both claims is one involving a car accident while working. The following represent more specific situations where driving is a part of an injured worker’s work obligations.
Rideshare drivers, working for Uber and Lyft among others, provide transportation for people. If these drivers are listed as employees rather than contractors of these rideshare companies, then there may be a workers’ compensation policy to file a claim under. If a rideshare driver is injured while behind the wheel, they may also file a personal injury claim against the at-fault driver’s auto insurance.
The classic occupation where driving is an essential part of the job is the delivery driver. Historically, these individuals were employed by companies like UPS, FedEx, and the United States Postal Service. However, Amazon and even retail companies employ an increasing number of delivery drivers in today’s economy. This is a significant change as many delivery drivers on the road today are contractors rather than employees who may not be eligible for workers’ compensation insurance.
What Is the Process for Filing Workers’ Compensation and Personal Injury Claims?
There are several moving pieces when it comes to simultaneously filing workers’ compensation and personal injury claims. By following a plan and acting, an injured worker intentionally provides themselves the best opportunity to find success in both claims.
To file a workers’ compensation claim, injuries should be reported to the employer as soon as possible. Pennsylvania law requires that any injury suffered must be reported within 21 days of the injury being sustained. The employer initiates a claim with the workers’ compensation provider. A claim is opened, and the injured worker will likely need to undergo a doctor’s appointment to evaluate the injuries sustained. Lost wages (up to a certain percentage) and the payment of medical bills will ensue if approved under the policy.
Personal injury claims may be initiated after a determination is made as to who the at-fault party is. Collecting evidence: an accident report, witness statements, and photographs of property damage are all helpful to an investigation geared towards proving liability.
Damages are a critical element of a personal injury claim based on negligence. Once medical bills are accumulated, they should be organized. Non-economic damages may need to be discussed with an experienced personal injury representative.
Benefits of Having an Experienced Workers’ Compensation Lawyer as an Advocate
Coordinating all these steps is difficult. There is a high likelihood of losing time and possibly money as time ticks away during the filing of a claim. All the while, an injured worker has to concern themselves with healing their bodies, caring for their families, and the possibility of missing an extended period of time at work. These types of challenges can be overcome more easily with the help of a representative who puts clients first.
Contact Anthony C. Gagliano, III, Esquire, P.C. For Help Filing Workers’ Compensation Claims
Experienced Montgomery County workers’ compensation lawyer, Anthony C. Gagliano, III, Esquire, P.C. serves clients who are injured on the job in car accidents. Contact our office today to speak to an advocate who will maximize your recovery potential both in workers’ compensation and personal injury claims.