Dual Recovery: Maximizing Compensation for On-Duty Vehicle Collisions
Someone who drives for work has the potential to be in an accident while they’re working and driving. When this happens, the result can be far more complicated compared to the standard auto accident case. It’s possible to recover funds to cover accident-related expenses through both workers’ compensation and a claim against a third party, but this can be challenging to do.
Claim Through Workers’ Compensation
A workers’ compensation claim is likely the first claim a victim will make if they’re in an accident while on duty. After a work related car accident, the victim can file a claim with their workplace to obtain coverage for their medical bills, some of their lost wages, and more. This gives them the opportunity to start getting compensation for the accident without having to prove who was at fault, so it can be a faster way to start getting the money needed to pay for the accident-related expenses.
Claims Against a Third-Party
Though workers’ compensation may be the first place the victim turns to for financial assistance after an accident, there can be limits to the coverage. It is important for the victim to also file a claim against the third party that caused the accident. This provides additional compensation to cover the remaining lost wages, pain and suffering, emotional distress, and more. It can also be used for long-term financial assistance, such as if the victim is unable to work their job in the future.
Benefits of Dual Recovery
Dual recovery allows the victim to use both sources of compensation to maximize how much they receive. They’ll be able to get immediate medical support and lost wages from workers’ compensation while waiting on the remaining compensation from the third party or their insurance company, so they don’t have to stress about the finances right away. This can provide peace of mind while they’re working through the legal system.
Potential Challenges
It is important to note that there can be potential challenges when trying for dual recovery in a car accident claim. Workers’ compensation can seek reimbursement for any money provided by them if there is a settlement. It’s important to make sure the overlap of coverage is handled carefully to prevent this. It can also be challenging to prove how the accident occurred. It may be necessary to prove negligence by the third party to be able to receive full compensation from them or their insurance company.
Handling a Complex Case
Dual recovery cases are typically far more complex than a standard car accident claim, so it is important for victims to make sure they have the right help. They will want to speak with a lawyer who can help them with both the workers’ compensation claim and the claim against the third party to make sure everything goes smoothly and to prevent potential challenges. This will also help ensure everything is done properly, so they have a higher chance of getting the compensation they need.
If you’ve been injured in a car accident while on the clock, you may be entitled to compensation through both workers’ compensation and a claim against the third party that caused the accident. However, these claims can be incredibly complicated. Schedule a consultation with a lawyer today to learn more about your case and how they can help.