Injuried While Driving on the Job? You May Have Two Injury Claims

Hurt While Driving While Working in Ohio by the Fault of Another? You May Have Two Claims---Drivers Please Note

Many workers are hurt on the job for their employer while working and driving, and the injury is caused by a negligent third party. The classic example is a delivery man or women is making a delivery as part of their job and some third party rear ends them , runs a stop light or stop sign or some other form of car accident carelessness.

Most people injured while laboring for their employer understand that they have a workers compensation claim. If this occurs in Ohio under their law, the hurt worker files a claim for workers compensation benefits. However these benefits only pay 72% of your wages up to a capped amount for the first 12 weeks of your injury. Thereafter only 66 2/3% of your wages are paid. So there is a big chance you will lose out on some earnings.

Additionally you only get paid until you reach maximum medical improvement. This could come as quick as 90 days or could go on for a long period of time. However there is no benefit for loss of enjoyment of life or pain and suffering. There is something called a permanent partial disability award but it is usually quite small.

So to make up for all of your losses a workman or work women should make a claim against the insurance company for the person that caused the motor vehicle collision. This is often easier said than done. Especially now that you are caught in a bureaucracy of workers compensation since they will seek to have you pay them back by Ohio law if you recover money from the third party and also benefits under workers compensation.

Because of this dilemma you end up with workers compensation fighting you and creating negative evidence against you and the party that caused your harm and losses can use this evidence to try to defeat your claim. However a lawyer experienced in both areas can navigate this maze for you and help you potentially end up with substantially more benefits since you have two places to seek recovery and the payback provision to workers compensation can be negotiated.

Two separate lawyers in my opinion are not ideal. The reason is that one lawyer may not know what the other attorney is doing. It's more appropriate if one lawyer can handle both claims. So you need to find a counselor highly versed in both areas of the law. So protect yourself with two claims for on the job car accident injury caused by the fault of another by filing a workers compensation claim and a personal injury claim.

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