Work Related Car Accidents, Who Is Responsible?
After work related car accidents, who is responsible for paying the victim’s medical bills and lost wages as well as pain and suffering compensation in Michigan? Depending on the facts of the case, it may be Workers’ Compensation, No-Fault auto insurance and the at-fault driver who caused the collision.
When is Workers’ Compensation responsible for work related car accidents?
After a work related car accident, Workers’ Compensation is primarily held responsible for paying a victim’s medical bills and lost wages if the victim was employed at the time he or she was injured in the collision. Workers’ Compensation pays first before other insurance, such as No-Fault.
When is No-Fault auto insurance responsible for work related car accidents?
The No-Fault auto insurance will provide PIP benefits to victims who have been injured, but only to the extent that they are not already provided through Workers’ Compensation. No-Fault will provide extra benefits from what is provided by Workers’ Comp.
The way that Workers’ Compensation and No-Fault work together can be best seen in the context of a victim’s lost wages after a collision on the job.
Workers’ Comp carriers usually pay 80 percent of someone’s net income after an auto accident where No-Fault pays 85% in No-Fault wage loss benefits. Under these circumstances, an injured person can receive the 80 percent of wage loss from Michigan Workers’ Comp then claim the differential up to 85% of gross wages from his or her own No-Fault auto insurance company.
Importantly, No-Fault will not permit a victim to obtain a “double recovery” after having been injured in a job related motor vehicle crash. For example, if a person receives Workers’ Compensation benefits for wage loss after a job related automobile crash, he or she is not permitted to recover the same amount of wage loss compensation from his or her own auto insurance company.
When is the at-fault driver responsible?
After a work related car accident, the an injured victim may be responsible for a pain and suffering compensation claim against the at-fault driver who caused the crash. This would be separate from and in addition to any claims for Workers’ Compensation and/or No-Fault auto insurance benefits.
Unfortunately, it is not uncommon that the Workers’ Compensation insurance company tries to recoup some of the money it has paid out in benefits from the victim’s pain and suffering settlement.
Injured and need a lawyer? Call Michigan Auto Law
If you have been injured in a motor vehicle crash and you have questions about your legal rights to Michigan PIP benefits, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced auto accident attorneys. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.