Massachusetts Personal Injury and Workers' Compensation Law Blog
Filing A Workers’ Compensation Claim After A Car Accident
Injuries on the job can happen in a variety of ways. Sometimes these injuries can be caused by slipping and falling, picking up a heavy object off the floor, etc. One of the most common, and complicated, types of workers’ compensation claims is when an employee has a car accident while on the clock.
If you have been injured in a car accident while on the job in Massachusetts, and missed at least five calendar days from work (they don’t have to be consecutive), then you can file a claim for Massachusetts workers’ compensation coverage. Generally, your employer’s workers compensation insurer must pay your medical bills and your lost wages. They do though by law have 14 days upon notice of the claim to either start paying a claim, or they can deny a claim.
If the insurer does deny your claim, it oftentimes makes sense to hire a Boston workers’compensation attorney that can guide you through
the Massachusetts Department of Industrial Accidents legal process. The attorney can file a claim on your behalf contesting the insurance company’s denial of your case. Keep in mind you may not file a lawsuit for negligence against your employer for workers’ compensation benefits.
If the car crash was not your fault, you have in addition to a workers’ comp claim, a third-party claim against the person who caused the car accident. Unlike with workers’ comp, you can file a lawsuit against the third-party for negligence.
If the third-party case settles, then the workers’ compensation insurance company by law may collect a portion of the medical bills and wages they paid to you. In this situation a Section 15 petition must be prepared and approved by either a Superior Court judge, or an administrative law judge at the Department of Industrial Accidents.
Contact A Local Workers’ Comp Attorney
The workers’ comp and third-party legal process can be quite complicated. I encourage
you to contact us if you, a loved one, or a friend has been injured on the job as a result of a car accident. Consultations at our office are always completely free of charge.