Website content for Q & A re WC claim and PI claim

If you have been injured in an auto accident while on-the-job, you may be eligible for New Mexico Workers’ Compensation benefits as well as being able to recover compensation from the at-fault driver or other at-fault party. This means that you can start receiving medical and lost time or indemnity benefits very quickly, without giving up the right to full compensation in the third party liability claim. Your legal situation is more complicated than a regular auto accident, and you need the help of an experienced personal injury attorney to protect all of your legal rights and make sure you receive every penny you are entitled to.

Workers’ Compensation Benefits:

If you are eligible for Workers’ Compensation, you should file a claim immediately with your Employer and their worker’s compensation insurance company. Most employees are covered by Workers’ Compensation insurance. In New Mexico, you do not need to prove fault to receive your Workers’ Compensation benefits, but you will need to prove that your accident occurred in the course and scope of your employment. 

Some common examples of the type of travel covered by Workers’ Compensation include:

• Running errands for your employer
• Making deliveries, even if that is not your primary role as an employee
• Attending meetings
• Attending social events that are required by your employer
• Out-of-town business travel

Your commute to and from work is usually not covered, but there are exceptions. If you were running an errand for your employer on your way to or from work, you may be covered. If you were on-call and got into an accident after being called in, you may be covered. There are other special circumstances that may apply to your situation. Our law firm can determine if Workers’ Compensation applies in your unique situation.

Auto Collision Lawsuit:

Workers’ Compensation benefits are generally limited to medical benefits and lost time or indemnity benefits. Your basic medical care is covered and you can receive partial replacement for your lost income. If someone else was to blame for your accident, you can receive full compensation, including pain and suffering, through a personal injury lawsuit. This is typically against the at-fault driver’s insurance company, but could also be against an automaker responsible for a defective vehicle accident or a claim against a government entity responsible for failure to provide roadway maintenance.

If you pursue a personal injury claim, you still receive your Workers’ Compensation benefits in the meantime. If you receive compensation through a personal injury settlement or verdict, the Workers’ Compensation insurance company will have a statutory Right of Reimbursement claim and will be entitled to a portion of what it paid in medical and indemnity benefits from the monetary compensation if you settle your case or obtain a favorable verdict. Our law farm personal injury attorneys may negotiate with the Workers’ Compensation insurance to minimize their Right of Reimbursement claim.

If you have been injured in car collision on the job, you can learn more about your rights and how you can recover damages for your losses by contacting Sapien Law LLC.