What are some available benefits for work related car accidents and who is responsible for payment?
We frequently represent employees hurt in work related car accidents. They are driving for their jobs and something unexpected occurs. It does not matter if they are professional truck drivers or just running an errand for the boss. These individuals have a right to medical bills and lost wages. Multiple insurance companies show up but who is ultimately responsible for payment? Here are some items that employees need to know about work related car accidents and who is responsible for them in Michigan.
Employees hurt while driving are entitled to workers’ compensation benefits from their employer. They are also entitled to no-fault benefits from auto insurance. Additionally, it is possible to file a third-party lawsuit against the at-fault driver and seek damages for pain and suffering.
Employees involved in work related car accidents in Michigan aren’t responsible for anything in terms of payment and will be covered under workers’ compensation regardless of fault. Benefits include medical treatment, lost wages, and vocational rehabilitation. Medical bills should be paid 100% without any co-pays or deductibles. Lost wages should be paid based upon 80% of their after-tax average weekly wage.
Going to or coming home from work is usually not covered under workers’ compensation unless an employee was on a special mission for the employer. Another exception to this general rule would be if the employer paid for mileage or vehicle costs. We recommend speaking with a lawyer to make sure that workers’ compensation benefits are paid.
Michigan No-Fault auto insurance
The auto insurance company is also responsible for work related car accidents in Michigan. Employees injured can make a claim and the auto insurance company will pay for additional medical benefits such as replacement services to help around the house. Extra money is paid for lost wages, so the total combined amount equals 85% of wages.
Watch out for insurance companies who refuse to pay no-fault claims stating that workers’ compensation is primary. No-fault can be made to pay when workers’ compensation has disputed a claim. We have seen disabled employees leave money on the table because they failed to report a car accident to their auto insurance company.
Is the driver who caused the work related car accident responsible?
Employees hurt because of a negligent driver can also sue for additional damages in a civil lawsuit. This includes money for pain and suffering. Payment would be in addition to any workers’ compensation or no-fault benefits received.
Lawsuits for pain and suffering can be much more valuable than workers’ compensation or no-fault benefits. These applies to both drivers and passengers who were hurt. It is critical to speak with an attorney to make sure all avenues of recovery have been explored.
Watch out for insurance companies who attempt to recoup workers’ compensation benefits from the auto accident lawsuit. Special rules prohibit reimbursement for medical payments or the first three years of lost wages. Make sure to check with a lawyer before paying any money back to the insurance company.
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 35 years. Call (844) 316-8033 for a free consultation today.