Car accident & worker's compensation
July 2, 2015 8:10 AM   Subscribe

Yesterday afternoon, while on the job, I was involved in a car accident. I was crossing an intersection when a car ran a red light and slammed into my front passenger side. My car went into a telephone pole. Thankfully there were no serious injuries to either parties however both cars were totaled. Witnesses called the police and a police report was filed. The investigator took the statement of one witness who watched the other car run the red light and hit me. I have a few questions about what happens next to make sure I am taking the right steps.

I went to the hospital afterwards and the doctor told me I had a cervical sprain. I spoke to my employer and they said that I was eligible for worker's compensation. I filed a claim with my insurance company. Per my coverage, I have a $500 deductible and then they will go after the other insurance company. The police report will take 10 days to be complete and the adjustor is supposed to take a look at the car tomorrow. The car is sitting at the police tow lot which is approximately 70 miles away from where I live. The accident took place in New Jersey. I took a lot of pictures yesterday and have uploaded them to my insurance claim. What are the benefits of worker's compensation? Is there anything else I should be doing right now?
posted by anonymous to Work & Money (12 answers total) 1 user marked this as a favorite
 
Get an attorney.
posted by infinitewindow at 8:26 AM on July 2, 2015 [10 favorites]


Wow, sorry to hear about that. Get well soon.

Do you have transportation? If your insurance included rental car (while your car's damage is being assessed at the body shop), you might want to get that set up. Sometimes the reimbursement is only good for X number of days after the accident. Your agent will advise which rental firm to deal with, sometimes they have deals/discounts in place for their customers.
posted by JoeZydeco at 8:30 AM on July 2, 2015


I am not an expert, and this is just from my limited experience in dealing with workers compensation claims -

The benefits of workers compensation can depend on what state you're in - so in Wisconsin, I think workers compensation kicks in after two days of missing work, with a doctors note, and will then pay you a portion of lost wages for any additional time you miss. However, in some states you have to go to their doctors, get things approved, etc, and a claim has to be filed within a certain amount of time through your employer with the insurance company. I would talk to your employer and see if you need to file a claim or if they have, and to see if you need to see doctors that they list for it to be covered under workers compensation or not.
posted by needlegrrl at 8:54 AM on July 2, 2015


Yep. You need an accident attorney. If you don't get one, you will be leaving A LOT of benefits on the table. The insurance company will not tell you everything you are eligible for, might low ball you on the value of the car, etc..

Also, both cars were totaled yesterday? You actually don't know/feel all of your injuries yet. That was a pretty traumatic impact. It can take a few days for aches to show up. I know that sounds like bullsh&t to you right now, but it's not.

You want to make sure doctors expenses, time off from work to get medical care (some sort of weekly pain therapy is the norm I think) and any emotional support you might need (again, trauma) rental cars, new car, lawyers expenses are all covered.

Unless you want recurring pain for years, do the stupid PT on the insurance company's dime. This is why we pay for insurance.

I'm glad your injuries weren't serious. Call around and find a good accident attorney. Follow their advice.
posted by jbenben at 9:39 AM on July 2, 2015 [7 favorites]


Here in California workers compensation will pay for treatment for injuries that occur on the job. If injuries cause disability or impairment from performing one's job on a permanent basis, losing a hand for example, there can be a settlement of cash and or pay for training to perform other work. If I recall Calif may allow employers to pay a percentage of employees income. I think state rate is $600.00 a month. work comp insurance will want to be reimbursed for any expenses spent on you from the at fault parties insurance. You should receive forms to provide the work comp with information about the other insurance company. They should then deal with each other without you having to provide information. However if you receive a settlement from the auto insurer workers comp may make a claim against some or all of that if they have not been fully reimbursed. In light of this I think it may be important to clarify any settlement checks you receive as to whether they are for injury or loss of your vehicle/property.

Wishing you a speedy and full recovery.
posted by Jim_Jam at 9:39 AM on July 2, 2015


Yep. You need an accident attorney. If you don't get one, you will be leaving A LOT of benefits on the table.

To clarify jbenben's excellent point and other advice -- when you hear "accident attorney", you're probably thinking of some shyster who advertises on late-night TV and says "I can get you money!" But these days, good accident attorneys will also get you in touch with a wide variety of other professionals (medical, physical therapy, automotive repair, etc.) who will collectively make your recovery much smoother. They're one-stop shops for a lot of the questions that will come up, including worker's comp issues.
posted by Etrigan at 10:10 AM on July 2, 2015 [1 favorite]


Worker's comp can get you coverage that you may not otherwise have. Your auto insurance will have to coordinate with your worker's comp (and the other party's auto insurance) and if any of them tried to shirk their duty you may get screwed. Which is why people are telling you "get an attorney". Not the "I'll get you a zillion bucks" attorney, but just an attorney who make sure you don't get screwed over. In fact, your employer's worker's comp may even provide one ( mostly to protect their own interests, but hey, it's the other party's fault, right?)

Your job right now is to get well and let the professionals do their work. MOST of the time the system handles everything properly. You'll get a check for the totaled vehicle, you'll get a little money for getting injured on the job, and your employer can't fire you, that sort of thing. But sort of a CYA, get an attorney to at least determine if you NEED an attorney. Should only cost you like $50-100. They may even send a paralegal out to interview you.

But basically, keep track of all the paperwork. If you took a taxi, get a receipt. If you had to had stuff delivered, keep receipts. Basically, track ALL of your expenses, receipts, as well as proof of lost income, lost of car, extra expenses, and so on, which you probably do already, but now we need even MORE detail.
posted by kschang at 10:42 AM on July 2, 2015 [2 favorites]


Because your car was damaged while you were on the job, your work may be liable for those damages. This is separate from worker's comp.
posted by mandymanwasregistered at 11:19 AM on July 2, 2015


Here's some basic FAQs on worker's comp from a New Jersey law firm, some of which might be helpful to you. (FYI, this firm represented my family in a recent case.)
posted by gudrun at 11:29 AM on July 2, 2015


You likely are eligible for a free consultation with a personal injury attorney, because they typically handle cases on a contingency fee basis. A personal injury firm will likely want to see your medical records, expense receipts, and documents from the insurance company. More information about how to find an attorney is available at the MeFi Wiki Get a lawyer page.
posted by Little Dawn at 12:49 PM on July 2, 2015


Speak with a workers compensation attorney in the state in which you live, not the state where the accident occurred. Workers comp benefits vary by state. I am a workers comp attorney, and while I can tell you that the answers above contain a shit ton of misinformation, I am not able to provide you with legal advice.
posted by amro at 3:11 PM on July 2, 2015 [3 favorites]


Just jumping in to support what amro said - I handle auto accident Bodily Injury insurance claims and often have to deal with worker's compensation matters on top of that. It can be very, very tricky business (New Jersey, especially) and is absolutely state-specific. You will want to seek out a free consultation with an attorney in your state who specializes in workers' compensation. They will need more information than you've provided here to get you the right answer. Which is why I would not endorse any other answer here than "see an attorney." ....And this is coming from an insurance lady(!)
posted by nightrecordings at 3:21 PM on July 2, 2015 [2 favorites]


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