How Can I Make a Claim If I Was Injured on the Job in an Auto Accident?
As a dedicated Media Car Accident Lawyer, clients come to me all the time with questions about injuries they had in a car accident while they were still on the job. If you are seriously injured in an automobile accident while you’re working, your source of initial compensation is determined in a different manner. You are now controlled, at least for your medical benefits and wage loss by the Pennsylvania Worker’s Compensation Act. By that I mean that you have to make a claim against the employer’s workers’ compensation insurance company and they will pay the full amount of your medical bills and about 2/3 of your wages for the amount of time that you are out of work. They are obligated to pay 100% of the benefits less a certain determination under the statute as to what the medical provider can charge. You are limited to the 2/3 wage loss for as long as you are out of work.
This however, does not preclude you or stop you from filing a lawsuit against the other individual. There will be a limitation on what you can recover as far as your medical bills up to the $5,000 limit in automobile and also under the amount that you’re able to collect under your automobile insurance for wages. You still can proceed with your litigation against the third party. There may, at the end however, be what they call a workers’ compensation lien. This is where the workers’ compensation insurer that’s paid you the benefits may seek to recover a percentage of your recovery because they paid the medical and the wage loss. However, you are in a better position because all your medicals are paid and you’ve at least received workers’ compensation wage benefits for the amount of time that you are unable to work.
If you have any questions about on the job injuries from an auto accident, please contact our Media Car Accident Lawyers for a free case evaluation.
This educational blog was brought to you by experienced Car Accident Attorney Walter J. Timby. Our law firm proudly represents clients throughout Media, as well as Pennsylvania, Delaware, and New Jersey.