- 30 March 2021
Workers’ Compensation after a Work Vehicle Accident
You are a careful and considerate driver. You follow the rules of the road, and you do not take unnecessary risks. You adhere to these standards whenever you are behind the wheel, including the times you are driving for work. Unfortunately, this is not enough to keep you safe. The recklessness and negligence of others can lead to an accident. If you were injured in such a crash, you do have rights. If you were in a vehicle accident while on the job, then you should hire an Elizabeth NJ work accident lawyer and pursue a work accident compensation claim.
Workers’ Compensation Covers Auto Accidents
New Jersey is a no-fault accident state, which means that your auto insurance policy must cover your medical expenses regardless of who was at fault for the accident. If the accident occurred while you were on the clock, your employer is responsible for paying your medical expenses and any disability benefits. They will do this through their workers’ compensation insurance.
To get access to this money, you need not prove who was responsible for the accident; you need only prove that you were injured in it. You must also demonstrate that you were actually on company time when the accident took place. If you crashed while going to or from work, you will not qualify for workers’ compensation. Before making your claim, you should speak to an Elizabeth NJ workers compensation lawyer. An Elizabeth workers comp attorney will review the facts and advise you on whether you have a solid claim to make.
What You Can Claim
As part of your workers’ compensation claim, you may only seek medical treatment from doctors approved by your workers’ comp insurance carrier. That is why you should notify your employer as soon as you can after the accident.
You should also bear in mind your right to assert what is known as a third-party claim against the other driver. Although you need not demonstrate fault for the accident, you can still make a claim against the driver if they caused it. This can get you additional compensation for your pain and suffering.
If your third-party claim is successful, the workers’ comp insurance carrier will put a lien on any settlement you receive from the other driver or their insurance company. This would be a form of reimbursement for the money you have already received through your workers’ comp. However, you need not pay back the entire lien amount.
Making Choices and Protecting Yourself
A vehicle accident can lead to serious injury. It can put you in the hospital for weeks and may put you out of work for some time. If you are laid up in a hospital, the first people you will want to see are your family and closest friends. At some point, however, you will need to speak to an Elizabeth personal injury attorney. You will need to make important decisions regarding your workers’ compensation claim and any claim you may want to make against the driver who caused the accident.
If your injuries are severe enough, you may think it necessary to pursue a suit against the driver. You should not hesitate to take this step. In the meantime, you will have medical bills and other expenses to pay. For this reason, you must ensure that your paperwork for your workers’ comp claim is adequate and accurate. Workers compensation lawyers NJ are the only ones who can ensure that you get this right. They are also the only ones you can trust to advocate for your interests should any problems arise in the processing of your claim.
If you were in an auto accident while on the job, you must protect your interests. Speaking to Elizabeth personal injury lawyers at Ashton E. Thomas can help.