Were you injured in a car accident while on-the-job? If so, you have lots of company. According to the Bureau of Labor Statistics, “There were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015.”
The BLS continues, “Work injuries involving transportation incidents remained the most common fatal event in 2015, accounting for 40 percent (2,029).” The second-most fatal event in 2016, aside from transportation or auto accidents, was violence by people or animals, which increased by 23 percent in 2016.
So, if you were injured in a car accident while on the clock; for example, while driving clients around, while delivering materials, or while on an out-of-town work trip, you may be wondering, “Do I file a personal injury claim or a workers’ compensation claim?” The answer is, you may be able to file both.
Workers’ Comp & Third Party Claims
When workers are injured in car accidents while on company time, or while being paid, the first step is to file a workers’ compensation claim with their employer’s workers’ compensation insurer. From there, they can usually file what’s called a third party claim against the at-fault driver’s insurance company.
While vital, workers’ compensation benefits are limited and they do not cover all of a worker’s lost wages; therefore, it’s usually advantageous for injured workers to seek additional compensation by filing a third party claim.
Generally, workers’ compensation does not pay for pain and suffering, nor does it pay punitive damages. Because of this, it’s worth it for car accident victims to discuss the option of filing a third party claim in addition to their workers’ compensation claim.
To discuss filing a workers’ compensation and third party claim, contact our office to meet with a Columbia personal injury attorney.