When you are at work and have a car accident in the state of Kentucky, you will be filing a workman’s compensation claim. Furthermore, if the accident was not your fault you may have a third-party personal injury claim against the person who caused the wreck. You may ask, “Can you pursue both a workman’s compensation claim and an auto accident claim at the same time?”. Subrogation of benefits paid under workers’ compensation is governed by KRS 342.700(1). When a third-party injures an employee, the employee can collect benefits from his employer, or sue the third-party, but not both. If the employee sues the third-party, the special fund, insurance carrier, or employer has a subrogation right up to the total amount of benefits paid for the employee’s treatment.
The Law Firm of Flora Templeton Stuart are Barren County car accident attorneys who have handled workmen’s compensation cases involving automobile collisions over 34 years. With an office in Glasgow, we are conveniently located to our clients who have been injured in a vehicle collision in the scope of employment. We can immediately be on the scene to investigate and take all action necessary to maximize the results for our injured clients.
If you are involved in a vehicle accident while at work, you can file both a workman’s compensation claim and you can also pursue a personal injury claim if someone else caused the collision. Even if you are at fault or it is the fault of the driver who is also an employee, you have a workman’s comp claim. However, in that case you could not sue your co-employer or your employer for a personal injury claim.
For a workman’s compensation claim it does not matter whose fault it is as long as you’re injured while performing duties in the scope of your employment. You can collect on those injuries under workman’s compensation law in Kentucky with your employer’s workman’s compensation insurance. However, if you are injured in your vehicle while in the scope of employment but were injured by a third party who is not employed by your place of employment (i.e. if a third party caused the collision) you would have a personal injury claim against that third person along with your workman’s compensation claim.
Some examples of automobile collisions while you are at work in the scope of your employment can include:
These types of occupational injuries in the state of Kentucky are very common transportation accidents and account for approximately 40% of fatal work injuries in 2017.
In Kentucky, if you are at work under the scope of your employment at the time you sustain injuries in a car or semi-truck accident you can collect medical bills and benefits such as lost income through your employer’s workman’s compensation insurance. Since workman’s compensation only pays 2/3rds of your lost wages you may be able to collect additional wages under personal injury protection benefits afforded to you under no fault. In a car accident, workman’s compensation is primary to pay medical bills, wages and other benefits for your injuries. Therefore, in automobile collisions while at work you must submit medical expenses to workman’s compensation insurance company for payment even when it is the fault of a third-party operating another vehicle. Flora Templeton Stuart handles workman’s compensation cases with clients who have been injured in car accidents. We assist them in getting their bills, lost wages and benefits paid while their claim is pending so they can get the immediate help they need.
In addition, you may be able to collect uninsured or underinsured benefits in the event the collision was the fault of a third party while you were at work in the scope of your employment. A workman’s compensation personal injury attorney should obtain all policies to make sure you collect the money you deserve for your injuries.
Workers injured on highways and roads while in the scope of their employment may sustain serious and permanent injuries. Some of the most traumatic accidents may include:
It is very important if you have sustained injuries in a car accident while on the job that you make every effort to do the following or have the person with you who is not injured take these immediate steps:
Flora Templeton Stuart will be working hard to establish who is at fault in the auto collision. Usually drivers cause accidents when they are careless or negligent while driving, such as:
Glasgow car accident attorney Flora Templeton Stuart immediately investigates automobile collisions to establish fault against the other driver so her injured clients collect not only workman’s compensation benefits, but a fair and reasonable settlement under Kentucky personal injury law.
Flora Templeton Stuart will assist clients in obtaining the maximum value of their claims to get the compensation they deserve by:
Flora Templeton Stuart has been representing Glasgow clients injured in car accidents while on the job for many years while negotiating with the state’s largest insurers. Her firm is experienced in maximizing claims with insurance companies.
In Kentucky, if the fault of the collision was another vehicle and you have been injured, you will collect money from the third party. In most cases, you will be required to pay back the worker’s compensation insurance company who has been paying your medical expenses and lost wages. It is very important that your personal injury attorney be familiar with both worker’s compensation and vehicle collisions to assist you in repaying this lien in your case. At Flora Templeton Stuart we negotiate all liens to make sure that our clients recover money in their pocket for their pain and suffering after their medical bills, lost wages, and other expenses are paid.
Flora Templeton Stuart and her team have represented Barren County car accident and workman’s compensation cases for over 43 years. With an office in downtown Glasgow, Flora Templeton Stuart is local, experienced and immediately ready to help you if you have been injured through no fault of your own in a collision while in the scope of your employment. These cases are complicated, but Flora Templeton Stuart and her team are ready and able to get you the justice and recovery you deserve.