A employee/worker involved in an auto accident during hisher employment discussed
- Dan T. Matrafajlo
- Sun Jan 2012
- Car Accidents,Workers Compensation,
In the State of New Jersey, if you are involved in an auto accident during the course of your employment what insurance company is responsible to cover your medical benefits. In other words, does the automobile insurance policy provide the injured worker/employee coverage or does the employer’s worker’s compensation carrier provide the necessary medical coverage?
Where only workers’ compensation benefits and PIP benefits (automobile insurance) are available to the injured worker/employee, the primary burden is placed on workers’ compensation carrier as a matter of legislative policy by way of the collateral source rule of N.J.S.A. 39:6A-6.
As such, if an employee is injured in an automobile accident that employee’s medical benefits are paid by the employer’s workers’ compensation carrier and NOT that automobile insurance company. It should be noted, that if the employee was not at fault for the accident then the employee has a right to recover pain and suffering damages from the third-party. However, if the employee recovers money from the third-party toreador then the employee must reimburse the workers’ compensation carrier. See, later blog for a more in-depth discussion.
If you have been in an auto accident resulting in injuries, give automobile and workplace accident attorney Dan T. Matrafajlo for a free consultation to discuss your rights.