Many professions now require you to drive as part of your job. Whether it is delivering items (pizzas, packages, materials) or driving to a destination to make a sales call, perform a service, or meet with a client, your job may require that you drive.
So what happens if you are injured in an automobile accident due to some else’s negligence while driving for work? Is that considered a Workers’ Compensation (WC) case or a Personal Injury (PI) case? Well, often, it is both and is referred to as a “dual’ (WC and PI) claim.
When a dual claim occurs, a WC claim would be filed with your Employer and their insurance company and a PI claim would be filed against the insurance company of the driver that caused the accident. While the two types of claims are handled very differently, they are processed at the same time.
One important thing to remember when having a dual claim is that “dual” does NOT mean “double” recovery. While some monetary recovery aspects of the claims will overlap (such as medical treatment), there are other recovery items that are unique to WC and PI claims. For example, WC claims do not take in to account pain and suffering, but PI claims do. There can also be a lien on the PI case that must be paid back to the WC insurance company if they pay for your medical treatment along the way.
I know… this is starting to sound a little complex and well, it is. To ensure you are receiving all that you are due in a dual claim, we urge you to seek legal counsel. Remember, dual claims are not a “one size fits all” situation. Each and every case will have its own nuances. Call us at Shankle Law Firm for a free consultation and let us help you determine the best course of action to recover the maximum amount possible from your case.
Referenced Links:
https://www.nolo.com/legal-encyclopedia/workers-compensation-and-car-accidents.html
www.shanklelaw.com