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.
What to do after a car accident at work in Michigan?
If you are injured in a car accident while working in Michigan, the steps you take immediately afterward can significantly affect both your health and your legal rights. In many cases, both workers’ compensation and Michigan No-Fault insurance may apply, so it is important to document everything carefully from the start.
- Get medical treatment immediately – Even if your injuries seem minor, prompt medical care creates documentation linking the injuries to the crash. Follow all treatment recommendations and keep copies of medical records, prescriptions, work restrictions, and bills.
- Report the crash to your employer as soon as possible – Michigan law requires injured employees to notify their employer of a work-related injury, including injuries resulting from car accidents. Make the report in writing if possible and keep a copy for your records.
- Call the police and obtain a crash report – A police report can help establish how the accident happened, identify the parties involved, and preserve important evidence.
- Gather evidence at the scene if you are physically able – Take photographs of the vehicles, roadway conditions, visible injuries, and anything else relevant to the collision. Obtain contact and insurance information from all drivers and contact information for witnesses.
- Notify the appropriate auto insurance company – No-Fault benefits may still apply even if the crash happened during work duties. In many job-related crashes, workers’ compensation pays first, while No-Fault insurance may cover remaining allowable expenses not paid through workers’ comp.
- Be cautious when speaking with insurance adjusters – Avoid giving recorded statements or signing releases before understanding your rights and the extent of your injuries.
- Track lost wages and out-of-pocket expenses – Keep records of missed work, mileage to medical appointments, prescriptions, and other crash-related costs.
- Speak with a lawyer if the injuries are serious or benefits are denied – Job-related vehicle crashes can involve overlapping insurance issues, third-party liability claims, and disputes over wage loss or medical coverage. An attorney can help determine whether you may have claims beyond workers’ compensation benefits.
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 injured in a car accident at work in Michigan may also qualify for no-fault auto insurance benefits. Under MCL 500.3109, no-fault benefits are reduced by any workers’ compensation benefits for the same injury, making no-fault coverage secondary, though it may still provide additional compensation.
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.
Do I need a workers’ comp lawyer or a car accident lawyer for a work related crash in Michigan?
In Michigan, a car accident at work may involve both workers’ compensation and auto insurance claims, which means injured employees often benefit from speaking with a lawyer who understands both areas of law. Workers’ compensation typically covers medical treatment and a portion of lost wages if the crash happened while performing job duties, while No-Fault auto insurance may provide additional benefits not fully covered by workers’ comp.
An auto crash lawyer may also be necessary if another driver caused the crash because injured workers can sometimes pursue a separate third-party claim for pain and suffering and other damages. Since state law requires coordination between workers’ compensation and No-Fault benefits, handling both claims correctly is important to maximizing compensation and avoiding insurance disputes.
Injured in a 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 questions about 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 law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge 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
