Accident Injury Leaving You Struggling Financially?
Accident Injury Now what should you expect?
Motor vehicle collisions often leave victims under considerable financial pressure following an accident. For those who are left disabled and unable to work, automobile or motorcycle repairs and medical bills can seem insurmountable. Cutting household expenses and negotiating with healthcare providers to reduce bills in order to help deal with this extra burden will only go so far. Replacing lost income is paramount. Depending upon the circumstances of the collision, victims generally have four options.Workers Compensation.
Workers's compensation is a form of insurance that will provide covered employees with certain benefits in the event that they are injured while acting within the course and scope of their employment. If the automobile accident occurred while you were on an errand for your boss or while you were driving to or from some business function, you may be eligible for workers’ compensation coverage even if the accident injury occurred entirely off site and in your own private vehicle. Employers are required to carry this insurance in all 50 states, although two states allow employers to register as self insured.
In the context of an automobile accident injury, a workers compensation claim may be problematic. If you were on a private errand or engaged in some other private business at the time of the accident, engaged in what the law refers to as frolic, you may not be eligible for workers; compensation benefits. Additionally, workers; compensation insurance only covers employees; if you were an independent contractor, you may not file a workers; compensation claim. Finally, workers; compensation policies require employees to be sober and not have caused the accident injury through their own gross negligence; if you were intoxicated or grossly negligent at the time of the collision, your claim may be compromised.
Light Duty or Alternative Employment If you are out of work because your injury prevents you from performing your essential function, you might be able to perform other work even with your limitations. In most cases, workers; compensation insurance providers will require employees to be placed on light duty or reassigned if such duty is available. Even if light duty is not required, you will likely make more money by working light duty given workers; compensations relatively meager benefits.If you can physically perform the job but lack the skill to do so, the employer or his or her insurer should pay for retraining and any tools necessary to work in your new assignment.
If your employer went without workers; compensation coverage or if you are exempt and if the employer does not want to or cannot put you on light duty, you may be forced to seek some sort of alternative employment while you heal. This may involve taking a part time job or full time job that you are physically capable of doing, even at a reduced wage. While no person wants to take his or her career in any downward direction, a side job can help keep the lights on and the rent paid while you pursue compensation in another venue.
Private Negotiations With the Other Party or His or Her Insurer
In theory, it is the optimal solution. You will want to seek experienced representation, whether this means a Columbia auto accident lawyer or Seattle personal injury attorney, to help you achieve optimal results in this process and in the same is true is negotiations are followed by litigation.
In practice, private agreements can be problematic. The other party may not be dealing in good faith and may be stalling in the hopes of allowing damages to accrue to force you into a settlement. The other party may be dealing in good faith but may refuse to pay for certain types of damages to which you are entitled, including lost income and damages that are hard to monetarily quantify, such as pain and suffering. There is also the constant threat that the other party will solicit some admission to the effect that you were at least partially responsible for the accident, which may compromise your entire claim.
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