Some jobs require New Jersey employees to get behind the wheel. They may drive their personal vehicles or company cars, and they do so on the clock. As much as a worker may hope for a stress-free day, things might go wrong on the road. Even a minor collision could leave a worker suffering from whiplash. Broken bones and worse are possible, and a return to work may not be possible any time soon. At least the injured person may have the option to file an insurance claim. What type of claim should the worker file, though?
More than one insurance option
Persons injured when driving in an official employment capacity may file a workers’ compensation claim. Under New Jersey law, workers’ compensation claims are no-fault claims. Therefore, negligence doesn’t have to be proven for the employee to file for compensation. Barring rare circumstances, the employee cannot both collect workers’ compensation and file a negligence suit against an employer, though.
What if the employer played no role in any negligence that caused the accident? An employee might file a workers’ compensation claim and seek personal injury damages from a third party. For example, if an intoxicated driver hit the worker’s vehicle, then the driver could seek damages from the driver.
Workers’ compensation doesn’t cover all types of losses from an injury. As a result, filing a lawsuit or liability insurance claim may be necessary.
Insurance claims and negligence
New Jersey requires drivers to carry personal injury protection coverage. Filing a PIP claim might be one way to recover compensation for medical expenses. However, there may still be a chance to file a liability claim against another driver. If the driver has no insurance, then uninsured motorist coverage may come into play.
Questions about insurance and workers’ compensation claims might be best directed to an attorney. An attorney may be able to assist an injured employee with filing for multiple types of claims.