If you are injured in an auto accident while on the job, you may be able to pursue legal remedies through BOTH your employer’s workers’ compensation insurance and through the at-fault driver’s automobile insurance (like a usual personal injury case).
In North Carolina, employees injured by accidents on the job can seek certain types of benefits through a workers’ compensation claim. There are a variety of workers’ compensation benefits available to employees. These types of benefits include compensation for medical, the partial payment of wages while out on disability, and the compensation for permanent impairment. If you are an employee driving as part of your ordinary job duties, and you are then involved in auto accident, you could be able to seek these types of benefits against your employer’s workers’ compensation insurance in addition to seeking benefits against the at-fault driver’s auto insurance policy.
If you are an employee involved in an auto accident on the job, you might have more than just a workers’ compensation claim; you might also have a personal injury claim against the driver who caused your accident. This auto accident personal injury claim operates nearly identically to the type of auto accident personal injury claim that a person might have in a normal car accident case. In other words, you will have a claim against the other driver, through their auto insurance carrier, for your injuries. In auto accident cases, your damages might include compensation for medical bills, pain and suffering, lost wages, and other types of damages.
If you think you might have BOTH a workers’ compensation claim AND an auto accident personal injury case, you should absolutely work with an attorney to make sure you maximize your benefits. For example, there are certain benefits, such as pain and suffering, that you can only receive in an auto accident personal injury case, and that you cannot receive in workers’ compensation.
If you would like a free evaluation of your workers’ compensation case and your injury case, please feel free to contact Kreger Brodish and schedule a free appointment with one of our workers’ compensation and Durham personal injury lawyers.