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Workman’s Comp & Auto Accidents

Workers Compensation Auto Accident Case

Workers Compensation is a statutory body of law which differs from state to state.  Generally, if an employee is injured in the course and scope of employment, the employee will be entitled to wage loss benefits, related medical treatment and vocational rehabilitation assistance.  The amount and duration of these benefits vary according to the applicable state’s law.  The following is an overview of general workers compensation tenets.

Work comp/auto combo claims present some complications to the treating doctor. When an individual is injured in an automobile accident while in the course and scope of employment, the bill should initially be sent to the work comp carrier, which is the primary insurer. When the work comp carrier denies the bill and as long as the issue has not been subject of workers compensation litigation, then secondary carriers may be billed.

The only other complication that a combination workers’ compensation and automobile accident claim can present is confusion when the attorney for the injured employee is litigating both cases at the same time. Often the attorney representing the injured employee will have two cases for which they represent the injured employee. One is the workers’ compensation case, which consists of permanency, wage loss and treatment benefits. The other case is a claim against the negligent driver’s automobile liability policy. This would be for recovery of pain and suffering and permanency benefits. Any confusion that may exist can easily be overcome, as long as the clinic understands that there are two cases pending regarding the same accident.