Employees who are hurt in an automobile crash in Michigan are covered under both workers’ compensation insurance and no-fault auto insurance.
We have represented many employees who were hurt from a work-related automobile crash. They are confused about what benefits are available and with whom to make a claim. It does not get any easier when multiple insurance companies show up and point fingers at each other. Here is some information about a car accident at work in Michigan and how workers’ compensation insurance claims and no-fault auto insurance claims are handled in this situation. Please remember that each situation is unique, and it is a good idea to speak with an attorney to protect legal rights.
Workers’ compensation insurance is primary for a car accident at work claims in Michigan
Workers’ comp law protects employees hurt on-the-job and that includes covering claims for being injured in a car accident at work in Michigan. It covers medical and lost wages. There is no requirement to prove fault and coverage begins immediately. Employees who are driving to or from work may also be covered under specific circumstances.
Workers’ compensation insurance pays for all medical treatment without any copayments or deductibles being owed. Employees can select their own doctor after 28 days from the start of medical care. Mileage to and from doctor appointments should be reimbursed. Family members can also get paid for providing attendant care to help a disabled employee with activities of daily life. Home and vehicle modifications are also covered.
Employees who are unable to work can make a claim for lost wages. The amount paid should equal 80% of their after-tax average weekly wage. A good rule of thumb is that 60% of an employee’s gross pay should be paid.
According to Michigan workers’ comp law, family members of an employee who died in a car accident at work can make a claim for and collect survivors’ benefits. Spouses and children who are totally dependent can collect up to 500 weeks of lost wages and maybe more.
No-Fault auto insurance is secondary for a car accident at work claims in Michigan
An employee who is involved in a car accident at work in Michigan can also make a claim for no-fault auto insurance benefits. These benefits would be considered “secondary” to workers’ compensation insurance but can still provide additional money.
If workers’ compensation insurance disputes medical treatment, then no-fault auto insurance should pay. It is important to make a timely claim, so all legal rights are protected.
No-fault auto insurance also pays 85% for lost wages up to 3 years. It should make up some of the difference between what workers’ compensation insurance pays and an employee’s full salary. It also covers other items like replacement services of $20 per day.
Third-party lawsuit against at fault driver
Employees who are in a car accident at work can also make a claim and file a lawsuit against the negligent third-party. This is the person who is responsible for causing the motor vehicle accident. Additional damages such as pain and suffering are available.
Any amount recovered from the at-fault driver, after deducting a proportionate share of costs and attorney fees, will first reimburse the employer or its insurance company for workers’ compensation benefits paid. The balance of the recovery will then be paid to the employee and treated as an advance payment of any future workers’ compensation benefits. Workers’ compensation insurance will not have a lien if it does not pay benefits that exceed the amount and duration owed under no-fault auto insurance.
We recommend speaking with an experienced workers’ compensation lawyer whenever an employee is in an automobile crash while on the job. This will ensure legal rights are protected and time limits are not missed.
Injured in car accident while at work in Michigan and need help with your claim? Call our attorneys now for a free consultation?
If you were injured in a car accident at work in Michigan and have you questions with your workers’ comp claim, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every workers’ comp claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
How To Report A Work Related Injury In Michigan: Here’s What To Know
