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(281) 587-1111
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January 14, 2015 by Greg Baumgartner
Many people drive every day as part of their job description or employment by their company. Many times, this is a company vehicle covered by company auto insurance. You may have many options to get benefits or compensation if you are injured in Houston. Were you injured in a company car in Houston?
Contacting a Houston truck accident lawyer to learn of your rights and options is recommended.
If you were injured in a car accident while on the job in Houston, and the crash was not your fault, you might have options to collect compensation for your injuries. Accident victims need to know their options for compensation and medical treatment. Also, workers’ compensation and liability compensation from the other driver are included.
Car accident claims can vary, and talking with an experienced lawyer is vital. As with any personal injury claim, start immediately with one of the best lawyers near you. No matter if you are dealing with your insurance company or an adverse adjuster.
Car accidents require help most of the time to get fairness from the insurance company.
If you are hurt on the job in Texas and your employer carries workers’ compensation insurance, you probably will be entitled to recover benefits under the workers’ compensation scheme in Texas.
Workers’ compensation is generally a “no-fault” proposition because the employee doesn’t need to prove fault to obtain benefits. It is enough that the employee was injured on the job.
If you are in a company vehicle and on the job, workers’ compensation will apply to cover your injuries regardless of who was at fault. If the crash was the fault of another, you might be able to pursue a claim for damages outside workers’ comp.
However, auto liability claims require proving fault in Texas. That is where a Houston car accident attorney can help! Car accident victims should contact a personal injury law firm in Houston with experience in auto accident injury cases.
However, suppose you injured your back in a car accident while driving a company vehicle in the course and scope of your employment. In that case, you may have a claim for workers ‘ compensation benefits, and you may also have a claim against a third party (the other driver) if the auto accident was the other person’s fault.
In that situation, the injured employee may have two separate claims, one for workers’ compensation benefits and one for legal damages from injuries sustained in a car accident, also called a third-party claim. You do not have to elect one claim over another in Texas.
It is noteworthy that to the extent that the worker’s compensation insurance carrier pays benefits as a result of an accident that was the fault of a third party, in the state of Texas if you recover money from the other person’s insurance company, your worker’s compensation insurance company will be seeking to be paid back for the benefits they are paid out. This is called subrogation, and it can impact your bottom line.
Get a consultation for car accident injuries from an experienced car accident attorney.
Some people might ask why I should go through the hassle of claiming the other driver when I have to pay the money back to the workers’ compensation carrier.
That is a good question, and the answer is that Texas’s workers’ compensation system is very helpful for paying medical bills, but pays little for physical damages such as pain and suffering or disability.
On the other hand, third-party claims, such as claims against the other driver for injuries suffered in a car wreck, are not subject to such workers’ compensation limitations.
On the bright side, the workers’ compensation carrier will share the recovery costs for pursuing the case against the negligent driver. In effect, the usual situation involves the worker’s compensation carrier giving you credit for the attorney’s fees of the personal injury attorney you hire. In this situation, the personal injury victim has nothing to lose in hiring an attorney and much to gain.
Proceeding against the insurance company for the negligent driver allows a personal injury victim to seek full damages, which are not limited under the comp system.
Additionally, to the extent that underinsured or uninsured motorist coverage exists, the victim can pursue extra coverage if the damages exceed the negligence party’s insurance.
It is never fun dealing with adjusters on a personal injury claim. A car accident is no exception. Personal injury attorneys know how to negotiate to maximize compensation after a car accident.
Also, as set forth above, if you collect workers’ compensation, you may have to pay back the payments made by the comp. If you also collected comp, hiring a personal injury lawyer may allow the attorney to get credit for collecting the liability coverage from the at-fault driver.
It is a good idea to consult an experienced personal injury attorney in the area where the accident occurred as soon as possible after the accident. Getting a lawyer for a Houston car accident early helps your case.
If you have been injured in an accident in Houston, TX, and need help, contact the auto accident attorney at Baumgartner Law Firm by calling (281) 587-1111.
6711 Cypress Creek Pkwy
Houston, TX 77069
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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