When you have been injured in a car accident but were on the job when it happened you may be able to file both a Workers Compensation claim and lawsuit against the other driver for the car accident but it is always good to have the help of a Workers Compensation Lawyer when you want to explore this possibility.
Most likely, the way that you Workers Compensation Lawyer will handle the situation is by first filing a Workers Compensation claim on your behalf. The reason for this is that the injury is still technically a work injury and your employer does owe you compensation for the injuries you received. Additionally, this will be filed first because the statute of limitations is much shorter for a Workers Compensation claim and there will most likely be issues with a setoff later on. Otherwise, your Workers Compensation Lawyer will treat this like any other Workers Compensation claim.
Once, you have completed your Workers Compensation case your Workers Compensation Lawyer will most likely begin the legal process against the other driver, who is also liable due to their negligence. It is important that you have the help of a Workers Compensation Lawyer at this point because whatever you are able to recover from the other driver, will lead to the Workers Compensation insurer receiving a portion. The reason is that were it not for the negligence of the other driver the Workers Compensation insurer would not have had to pay out any money to you and thus, they are entitled to some reimbursement. Due to the complexity of this the help of a Workers Compensation Lawyer is highly advisable.
The information provided is for general informational purposes and does not constitute legal advice. No attorney-client relationship is created by this post. The choice of an attorney is an important one and should not be based on advertising alone.