Injury While Working
Maybe you were the victim in a crash while driving for work. Or, you were working on an assembly line and a machine failed and injured you. Maybe on a construction site, something went wrong and you were badly injured. If you were injured while working or in the course of your job, you may also recover money from another party that caused you harm. This applies even if you receive workers comp benefits AND a workers comp settlement.
There’s no harm in letting us see what we can do for you. You don’t pay us until we win for you.
Injured While Working: Workers’ Compensation and Third-Party Cases
The claims process is more cut-and-dry if you were in an automobile accident while working and someone else was at fault. In those cases, you can collect workers’ compensation benefits and get a recovery against the other driver.
If you receive workers’ compensation benefits for your wage loss and medical bills and then recover from a personal injury case, you will need to pay your workers’ compensation carrier back the money you received from them. You owe that amount as a lien. However, the value of your claim against the at-fault driver increases by that amount. For example, if you recovered $200,000 in your injury case, and the lien for your workers’ compensation claim is $50,000, we would seek $250,000 from your claim, as long as the insurance or other the source of recovery is available.
If you’re injured at work by a machine with a manufacturing defect, you may still be able to receive two recoveries, one from the machine manufacturer and the other from workers’ compensation. While the case is likely more complex, the workers’ compensation lien would work the same way as in the example above.
So, if another party caused your injury and they don’t work for your employer, you can pursue a claim against that person or company and receive your workers’ compensation benefits. Even if your workers’ comp claim settles before your lawsuit, you can still obtain this second recovery, which is often worth far more. We do this for many clients and we may be able to do it for you.
No harm in letting us see what we can do for you. You don’t pay us until we win for you.
Non-Private Passenger Exception to Limited Tort
If you are on a bus, in a truck, a pedestrian, or on a motorcycle, limited tort insurance rules do not apply. For example, if you suffer injuries as a passenger in a commercial vehicle, you qualify for a limited tort exception. You will have the opportunity to recover for a full range of damages.
Contact Ostroff Injury Law for help — even if you have limited tort coverage. An experienced attorney can explain how suffering an injury while working affects your claim for compensation.