What are your options if you should be involved in a car or truck accident while driving to a sales meeting or making a delivery? Who pays to repair or total your car or truck and for your lost wages and medical bills? Your case can get complicated very quickly.
There are multiple sources you can pursue to collect compensation for your damages. In addition to filing on the at-fault driver’s or vehicle owner’s liability insurance policy and your automobile insurance benefits, should you consider filing on your company’s workers’ compensation policy?
How will workers’ compensation affect your claim?
You may have been told that you cannot file against or sue your employer for damages if you were injured on the job. You may be able to but it’s not always a good idea. Here’s why.
Workers’ compensation insurance covers your medical treatment and lost wages without you having to prove fault. In return for the guarantee of a substantially limited pay check, you waive your right to sue your company — even if it were negligent. But what if your service department failed to properly maintain the company truck’s brakes, causing you to crash and get seriously injured?
There are other drawbacks as well. You usually receive less quality medical care. Most “good” doctors refuse to file on “comp” since payments are drastically curtailed and the paperwork and red tape can be onerous.
Further, you will have to reimburse the money you receive for your lost wages and medical bills. This is a legal concept called subrogation authorized in the Texas Labor Code. That means that you will have to pay back the comp carrier for what it paid you up front. So if your net settlement proceeds are $20,000 but the comp company has already paid you $20,000, your “new money” will be zero. Not good, since your initial payments will have already been spent by you or paid to hospitals and doctors.
A good injury lawyer will fight to get that subrogation amount that you owe reduced. We are in the process of finalizing the severe injury case of the man pictured above who was driving his truck for his company when another vehicle failed to yield the right of way. He’s had three surgeries to date. We successfully obtained a huge cut of what he owed to comp after getting him the maximum available under the large insurance policy available.