QUESTION
Will I be awarded in both workers comp and civil case for having major injuries after being struck by a car while fighting a fire?
Asked on Jan 14th, 2013 on Personal Injury - California
More details to this question:
I am a firefighter who was struck by a car while fighting a fire. I have major injuries now that require much care.
19 ANSWERS
Serious Injury Cases Attorney serving Las Vegas, NV
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Law Offices of Edward J. Achrem & Associates, Ltd.
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You should be able to make both a worker's compensation claim and a claim against the at fault party. There may be certain worker's compensation restrictions that you should be aware of when doing so and it can be complicated. You should consult with an attorney regarding the details.
Answered on Feb 06th, 2013 at 3:15 PM
Fire rescue workers in Iowa are under a different compensation system for work related injuries, but you can recover for a separate tort, meaning the car accident. You will need a lawyer to pursue the separate claim. If we can help let us know.
Answered on Jan 19th, 2013 at 12:30 AM
You do have a case for personal injuries in a civil case against the driver of the vehicle, and for workers' compensation against your employer. You should contact a workers' compensation lawyer who handles workers' compensation and personal injury matters.
Answered on Jan 16th, 2013 at 2:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is definitely possible. Of course you will have to prove your case as to liability and damages.
Answered on Jan 16th, 2013 at 2:49 PM
James Eugene Hasser
I think you are asking if you can double dip and the answer is "sort of". You will have both a comp claim against your employer and a third party claim against the driver of the vehicle that hit you (presuming they were at fault and you were free from fault). This is where the "sort of" part comes in. Your compensation carrier by law will be entitled to get its money back from your third party claim for all the comp and medical bills it pays. It's kind of complicated and with the major injuries you describe, if you don't have a lawyer, you need to get one.
Answered on Jan 16th, 2013 at 2:49 PM
Some Indiana firefighters are not covered by worker's comp, you should ask your employer. If you are covered by work comp, then you are entitled to recover all the work comp benefits and all the damages covered under the other person's auto insurance. However, you cannot settle your personal injury claim before you finalize your work comp claim. Indiana has a lot of personal injury attorneys and very few worker's comp attorneys. I suggest you contact an attorney that handles both types of cases to make sure that whatever you do with either claim does not negatively affect the other claim.
Answered on Jan 16th, 2013 at 2:48 PM
2 Awards
Yes, and you should see an attorney for both of those claims.
Answered on Jan 16th, 2013 at 2:47 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Yes, you can receive worker's comp benefits and maybe a lump sum settlement, as well as bodily injury liability benefits from the at-fault driver's insurance (if they had any), and PIP and uninsured motorist coverage from your auto insurance. The worker's comp carrier can assert a lien against your third party settlement.
Answered on Jan 16th, 2013 at 2:47 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can file both a workers comp case and a lawsuit against the driver who hit you.
Answered on Jan 16th, 2013 at 2:47 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can, but nothing is automatic. You need to contact a personal injury lawyer in your area. The matter may seem clear-cut, but there are undoubtedly complications of which you are unaware. Also, depending on your injuries and other factors, detailed research, investigation and analysis is required to make sure you get the appropriate recovery.
Answered on Jan 16th, 2013 at 2:46 PM
When an injury occurs at work generally Worker's Compensation handles the damages. It sounds like you were at work so Worker's Compensation should apply.
Answered on Jan 16th, 2013 at 2:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Workers comp will pay for your medical care but it will expect to be reimbursed by the insurance for the driver who caused the accident.
Answered on Jan 16th, 2013 at 2:46 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you can pursue both workers' comp and a civil claim against the third party. Be aware, however, that the workers' comp insurer is likely to pursue subrogation against your third-party recovery for the money it has paid to you and for your medical treatment. You need a good lawyer.
Answered on Jan 16th, 2013 at 2:46 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Work comp., yes. Maybe the driver will blame you for stepping in front of her car. You need a lawyer to sort out the car claim.
Answered on Jan 16th, 2013 at 2:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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But you may have to pay back the worker's compensation portion to the extent the person who hit you pays them. You are not entitled to a double recovery. However, let's say you got $20,000 from worker's comp along with payment of $50,000 of bills. The jury awards you $250,000 because they can give you pain and suffering. You pay your attorney $100,000 and $70,000 back to worker's comp. You are still $80,000 to the good.
Answered on Jan 16th, 2013 at 2:45 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Your first line of help is your workers compensation coverage, and you can get a rating and a lump sum from them as well as pursue your third party claim against the at-fault driver. You will be required to reimburse a large portion of what the workers comp coverage pays you out of anything recovered from the driver, but if your injuries are severe and they have insurance, it is worth it to pursue that claim.
Answered on Jan 16th, 2013 at 2:44 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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You have what is known as a third-party workers' compensation claim. This means that you receive workers' compensation benefits and have a claim against the third party who negligently caused your injuries. Depending on circumstances, the workers' compensation insurance company may be entitled to reimbursement from your recovery from the third party for the amount of benefits paid on your behalf in the workers' compensation claim.
Answered on Jan 16th, 2013 at 2:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have 2 separate cases. You will be paid for your injury in the course and scope of your duties. The car insurance company will be responsible for your injuries but if you take a settlement from them you will have to give the comp carrier some reimbursement for some of the funds they paid (not all, but some) you don't really get paid twice for the same damages. But with the 2 claims alive you are likely to be properly compensated. Get you a good PI lawyer.
Answered on Jan 16th, 2013 at 2:44 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Yes, but there will likely be offsets (credits) taken by WC for $ received from car insurance. You may be able to stop some of the offset through efforts of a lawyer experienced in both WC and 3rd party cases.
Answered on Jan 16th, 2013 at 2:42 PM