Workers’ Comp Claims for On-The-Job Auto Accidents: 3 Things Workers Should Know

Workplace accidents can be immensely stressful, no matter how they happen. But when you are injured in a traffic accident while on the clock, there are special considerations and regulations that apply, making these claims especially difficult to resolve.

If you are injured in an on-the-job auto accident, it’s essential to understand your rights and the compensation you may be eligible to receive. Here, we’ll cover several points to consider if you’re injured while traveling for work. For more detailed help with your specific claim, consult an experienced workers’ compensation attorney.

1. You May Be Eligible to File More than One Type of Claim

A workplace auto accident can leave you injured but also burdened with medical bills and loss of income. Virginia’s workers’ compensation laws were established to safeguard employees in such scenarios.

However, depending on the circumstances of your accident, you may be eligible to file a personal injury claim in addition to your workers’ compensation benefits. This can be an important tool for holding negligent parties liable and ensuring that you receive the full compensation possible for your injuries.

2. If You Receive a Settlement, You May Face Liens

An insurance company, such as a workers’ compensation insurer, may be allowed to recover funds it has paid on an injured worker’s behalf if the worker also obtains a personal injury settlement from a third party responsible for the injury. This is known as subrogation.

Your workers’ compensation insurer may have a subrogation lien against your personal injury settlement. This means that they can claim a portion of your settlement to recoup the benefits they previously paid to you. If you use health insurance benefits to pay for treatment of your injuries, your health insurer might also be able to place a lien on your personal injury settlement.

Subrogation liens can significantly impact the net amount an injured worker receives from a personal injury settlement. Therefore, it’s critical to consider these factors when negotiating any settlement to ensure you’re adequately compensated for your injuries.

3. Your Claim May Be More Complex than Other Workers’ Compensation Cases

Filing multiple claims for the same injury and dealing with liens on your settlement can certainly make car crashes some of the most complex workers’ compensation claims. But there are other factors complicating the case, too – like the average cost of such claims.

According to a 2018 study by the National Council on Compensation Insurance, workers’ compensation claims involving traffic accidents account for 28% of the most expensive claims paid (over $500k), although they only account for about 5% of all claims. This is because injuries from car accidents tend to be severe and often involve the head, neck, or spine.

The high cost of these claims makes insurance companies extremely motivated to reduce or deny your claim. This can often make extended negotiations and even litigation more likely.

Skilled Representation for Virginia Workers Compensation Claims

As you can see, there are several factors that can make workers’ compensation claims for car accidents difficult to resolve. However, the most important thing to know is that you are not alone in this fight.

Hampton Injury Law, PLC is here to help you maneuver through the workers’ compensation process following an on-the-job auto accident. Our knowledge and experience can help ensure you receive the benefits to which you are entitled. It’s time to reclaim your life and focus on your recovery. Don’t navigate this journey alone; reach out to us for assistance with your workers’ compensation claim today.