I was on my way to a job site, driving on the FWY. I work for a safe repair company, from 8-10. I take my lunch at what ever time I find most convenient depending on job site and or Location. From what I'm hearing workman's comp cut the amount you get if settlement is made against the other driver that hits you.
Ronald David WiltonEmployment / Labor AttorneyEncino, CA ·
You question suggests your position would change depending upon a legal analysis. That sounds like potential perjury, so be careful in that regard. My advice? Tell the truth.
As for reductions, the relationship between personal injury claims and workers compensation matters can be complicated. Put in simple terms, however, the law will not allow you to double-dip and recover twice for the same injury. Thus, amounts you receive in WComp are generally deducted from your personal injury award. As I mentioned, this is complicated. So speak to an attorney about how this would work in your specific situation.
Since you were involved in car accident and apaprently suffered injuries you should simply tell the truth. If you were working at the time of the incident your medical expenses will be covered through workers compensation. Attempting to submit your bills to your health insurance carrier could be fraudulent.
You do not indicate whether you were using your personal vehicle or a company vehicle, I would caution you to talk to a personal injury attorney and/or a workers compensation attorney for advice. In my opnion in a situation like this the truth is the best approach because of the myriad of problems that could arise depending upon the nature and extent of your personal injuries.
My experience has shown that people who try and game / manipulate the system ususally lose out.
Good Luck
Are you an independent contractor or a salaried employee? I think you would have a workers comp case no matter how you slice it. You also have a bodily injury claim against the drive who struck you (I'm assuming the liability is on the other driver.) You should contact a personal injury lawyer in your area who can advice you further. I recommend you go with the truth.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
If on the clock, a workers comp lawyer can investigate getting you wc benefits, as well as investigate any third party claim, but be truthful, or a lawyer's cross will expose it.
Adam A StudnickiPersonal Injury LawyerScottsdale, AZ ·
It it best if you tell the truth. Whether you are in the course and scope of employment while you are driving to a job site may be a question that is answered by the court based on the specific facts in your case.
Michael Elliott RubinsteinPersonal Injury LawyerBeverly Hills, CA ·
I have a very similar fact pattern I am handling for a client now. Best thing to do is tell the truth, as some of the other attorneys here have told you. If a workers comp case is open, the workers comp carrier will probably assert a lien against your personal injury recovery from the driver who hit you. That means your attorney will have to reimburse the workers comp carrier for any payments made for your medical care. Your attorney can and should try and negotiate the reimbursement so you are left with more money in your pocket at the end of the case.
Good luck.
It is what it is. You were either on the clock or not. I'm sure you''ve heard that saying about "what a tangled web we weave, once we practice to deceive"...another way of putting it ia that you are contemplating lying to better your recovery and/or commit insurance fraud. You will be found out and it will hurt your case in ways that you can't imagine. There is a jury instruction that tells the jury that if they believe you have lied about one thing, then can conclude you've lied about other things. Not good! You should submit the WC claim since it sounds like you may have been on the clock. You can also file a claim against other party that caused the accident to recoup damages that you can't in WC claim. Hire an attorney to help you.
**This response ia not intended as legal advice, nor does it create an attorney-client relationship.
If you are making a claim against the other driver you do not have to use workers' comp. Workers' comp will pay for your loss related treatment and expect reimbursement when you go to settle your personal injury action. Workers' comp pays at a fairly low rate, meaning you might have $8000 in billed charges but it will be paid at $2000. $2000 will be the amount you can claim against the auto carrier.
Some fear the lower your bills the lower your settlement offer from the auto carrier. However, the auto carrier will automatically reduce the bills, just not to the level the comp carrier will. You can always try and negotiate the comp lien when you are done, but it wouldn't be as effective without an attorney.
If you are injured, treat. If you have only minor soft tissue injuries you will not need an attorney.
Good luck.