Many people drive every day as part of their job description or as part of their employment with their company. Often, this is a company vehicle covered by the companyโs auto insurance. You may have many options to get benefits or compensation if you are injured in Houston. What To Do If You Are Injured In A Company Car 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.
Compensation for a Houston Car Accident Injury in a Company Car
What To Do If You Are Injured In A Company Car in Houston?
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, workersโ 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 often require help to get fair treatment from the insurance company.
Workersโ Compensation is No-Fault in Texas
If you areย hurt on the jobย in Texas and your employer carries workersโ compensation insurance, you probably will be entitled to recover benefits under the workersโ compensation scheme in Texas.
Workersโ compensation is generally a โno-faultโ proposition because the employee doesnโt 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, workersโ 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 workersโ comp.
However, in Texas, auto liability claims require proving fault. 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.
A Workerโs Compensation Claim is Separate From a Liability Claim
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 โ compensation benefits, and you may also have a claim against a third party (the other driver) if the auto accident was the other personโs fault.
In that situation, the injured employee may have two separate claims, one for workersโ 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 workerโs 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 personโs insurance company, your workerโs compensation insurance company will be seeking to be paid back for the benefits they have 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.
Workersโ Compensation Subrogation
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 workersโ compensation carrier.
That is a good question, and the answer is that Texasโs workersโ 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 asย claims againstย the other driver for injuries suffered in a car wreck, are not subject to suchย workersโ compensation limitations.
On the bright side, the workersโ compensation carrier will share the recovery costs for pursuing the case against the negligent driver. In effect, the usual situation involves the workerโs compensation carrier giving you credit for the attorneyโs 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.
Third-Party Car Accident Insurance Claims in Texas
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 partyโs insurance.
Dealing With an Insurance Company
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 workersโ 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.
Hiring An Experienced Houston Car Accident Lawyer
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.
Contact The Houston Personal Injury Lawyers at Baumgartner Law Firm for Help!
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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