Injured While Driving on the Job
Am I Eligible for Workers’ Comp and No Fault if Injured While Driving on the Job?
In this video, Attorney Andrew Connelly Explains how you can be eligible for both workers’ comp and no fault claim if you were injured while driving for your job. Contact one of our experienced personal injury lawyers in Buffalo NY if you were injured.
A lot of times, an interplay can exist between worker’s comp and no-fault insurance. You would actually be eligible to receive benefits from both if you were working – actually on the clock – at the time of your involvement in an auto accident. Primary coverage would be through worker’s comp, but no-fault may end up paying some of your lost wages if you miss work as a result of the auto accident. We would get you set up with a worker’s compensation claim through your employer. They would handle all the medical expense, and that would all go through the worker’s compensation board. Then, if you lost time from work, there would be a partial no-fault claim.
Very often, when people are in an auto accident while they’re on the clock, they don’t realize that they can take advantage of these additional potential benefits through no-fault. Worker’s comp pays a potential gross total equal to 66% of your gross wages. If you were involved in a regular car accident, when you weren’t on the clock at work, no-fault would pay you 80% of your gross. What we want to do is help you get that extra 14% difference you’d miss out on if you filed a worker’s compensation claim alone. That 14% can make a big difference when you’re out of work. You’re trying to recuperate from your injuries. You’ve got a lot of bills coming in, obviously, and 14% could make the difference between whether you’re able to keep up with those bills or not.
It’s important to file both claims right after the accident and make sure you get every penny you’re entitled to as replacement for your wages. Then, you would still have a potential personal injury claim against the other driver who hit you and caused the accident in addition to your no-fault and the worker’s compensation claims.