I got in a car crash while driving for work. What should I do?
Sept. 18, 2020
I was in a Car Accident while at work or while driving my employer's vehicle.
Car accidents while working are very common. Our employers often ask us to drive places for them--either as one-time errands or as part of our daily responsibilities of employment.
Most people understand that if you are in a car accident, you may have a claim for auto insurance. But did you know that if you are in an accident while working - or even while driving to or from work - you may also have a claim for Workers' Compensation benefits?
A Car Accident Claim During Work can be Complicated
Under New Mexico Law, a worker who is injured while working is entitled to workers' compensation benefits.
This coverage includes compensation and medical care for injuries suffered during a car crash - either because of the negligence of the worker him or herself, the negligence of a co-worker, or the negligence of another person (like another driver).
But if you are injured in a car accident while working, you have technically have two claims: one for car insurance benefits, and one for workers' compensation benefits. You do not want to pursue those claims by yourself - especially both claims at the same time.
If a worker receives workers' compensation benefits for an injury suffered in a car crash and then gets a settlement with the insurance company for the car accident, the worker may have to pay some of that car accident settlement money back to the workers' compensation insurance company. If a worker accepts a quick, small settlement from the car accident insurer, he or she may be surprised to see all of that money gobbled up by the workers' compensation insurer through a process called "subrogation."
At the same time, some car accident insurance companies may lie to a worker injured in a car accident and will tell them that their workers' comp carrier will cover their injuries. That is not true. But it is true that car accident insurance and workers' comp insurance may cover different parts of a person's claim, and a worker may not get the full value of his or her claim without skillfully pursuing everything he or she is entitled to. That's where a good lawyer comes in.
How can a Lawyer help me with my Workers' Compensation and Car Accident Claims?
Plenty of lawyers practice in personal injury (including car accidents). And some practice in workers' compensation. But very few do both. That's why if you're hurt in a car accident while working or driving for work, you need the help of a lawyer who does both personal injury and workers' compensation litigation.
Rather than let a car accident 'big firm' handle the car accident claim and leave you to fend for yourself finding a lawyer for the workers' compensation claim, why not hire one lawyer for both claims? You'll get better service, likely better results, and much better communication.
Holmes Law Firm Represents Claimants for Car Accidents and Workers' Compensation
If you get hurt at work because of a car accident or get in a car crash while driving for work, you probably have a lot of questions - questions like:
What is a fair settlement for my workers' compensation claim?
What is a fair settlement for my car accident claim?
What do I do if the insurance company denies my claim?
What do I do if the insurance company says the other insurance company is responsible?
Holmes Law Firm can answer those questions - and all the questions you have, and ensure you get the maximum coverage, care, and compensation you're entitled to.