Three Ways Workers Compensation May Impact Your Auto Accident Case

According to the Bureau of Labor Statistics, there were approximately 2.9 million reported workplace accidents in 2015. With many businesses requiring employees to operate company vehicles, it's inevitable some will be involved in collisions while performing their job duties. However, litigating an auto accident case is different when the incident occurs at work versus your private life because workers compensation will likely get involved. Here are three ways this program may affect your accident case.

It May Be the Only Remedy

The biggest issue you will face when dealing with an auto accident that occurred while you were working is you may be limited to receiving only workers comp benefits. Employers pay for the insurance. In return, employees are prohibited from filing lawsuits against the company and must accept whatever settlement they can negotiate with the insurance provider.

However, whether this is the case for you will depend on the circumstances of the accident. If you were involved in a one-car accident (e.g. you skid on water and run into a tree), you may be required to take workers comp benefits rather than file a claim against the company or its auto insurance.

On the other hand, if the accident was caused by a third party, you may be eligible for both workers comp benefits and any insurance money recoverable from the liable party's insurance. Be aware, though, that you cannot collect more than your actual losses and damages. Any payout you receive from workers comp will reduce the amount of money you can get from the liable party's insurance.

Workers Comp May Get Involved With Your Settlement

Another issue that may pop up is the workers comp insurance company may involve itself in your personal injury lawsuit. Specifically, the insurance provider may also sue the liable party for reimbursement of any monies it paid you. If there is a subrogation clause in the insurance policy, workers comp may actually take part of your settlement to pay for any money you received from them for the accident.

Suffice to say, if this is the case, you may end up receiving less money than you anticipated. However, if workers comp wants to take part of your settlement, you can usually negotiate with the insurance provider to accept less than they're asking. Unless you have experience in this area, though, it's best to work with an attorney who can discuss the issue with the insurance provider and help you retain as much of your settlement as possible.

Testimony May Be Used Against You

When you file a claim for workers compensation and/or with an auto insurance company, any you say or omit can be used against you by either party. For example, if you tell workers compensation the accident occurred in one way but say it occurred another way when speaking to an adjuster from the insurance company, both companies can use the discrepancies in your testimonies to deny your claims.

Things can get confusing after an accident, which may cause you to unwittingly get things mixed up or forget details. That's why it's a good idea to wait a few days after the incident before giving an official statement. This will provide you with some breathing space to calm down and get your facts together.

Even better, you should run your testimony by an attorney before you make any official statements to workers comp or the auto insurance company. A lawyer can help you avoid making mistakes that may result in you getting less money than you deserve.

For more information about workers comp or assistance with litigating an auto accident, contact a lawyer at firms like Carter & Fulton, P.S.