Workers Compensation Claim: Injuries From Car Accidents

Filing for Worker's Compensation can be a confusing process, injuries from car accidents can usually add to the confusion. There are specific rules which must be followed for Worker's Compensation Claims to be approved. Below are the details regarding Workers Compensation claims with injuries from car accidents. 

Filing for Worker's Compensation 

After you have been involved in a car accident the most important thing is to get the immediate care necessary. Once you have stabilized your condition, contact your supervisor regarding a Worker's Compensation claim. If you were in the course and scope of your employment a claim should be set up for you by either your human resources department, your supervisor or your employers claims department. 

Once the claim has been set up with your employer's insurance carrier you will be contacted by an adjuster. Your adjuster will need to obtain a statement from you, either written or recorded regarding the facts of your injury. Be sure to give a detailed description of your injury and where you may have sought treatment to this point. 

Your adjuster will give you information regarding where you are able to seek follow up treatment. Treatment must be pre-approved prior to you seeking any further treatment. To do this, your adjuster will be in contact with your provider and obtain your medical records and treatment plan. If you go for treatment that has not been approved there is a chance your adjuster will not issue payment for this treatment. 

Worker's Compensation vs. Auto Insurance Injury Coverage

As stated above, if you were in the course and scope of your employment when the car accident occurred Worker's Compensation will be primary over auto insurance. Course and scope can vary, if you were on your way to or from a work related trip, Worker's Compensation is most likely going to apply. If course and scope is questionable, the Worker's Compensation adjuster will work with your employer to determine if this claim will apply. 

Even though the damage to the vehicle will be handled under the auto insurance claim, the injury coverage under the auto insurance is secondary to Worker's Compensation. This means that there will only be coverage under the auto injury claim if you are found to not be eligible for Worker's Compensation. Some upper management and company owners will not be eligible under a Worker's Compensation policy; all others should be eligible. 

Getting Legal Help

If you feel you are being unfairly treated or are having problems with your Worker's Compensation auto injury claim contact a qualified attorney for help. 

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