Legal Question in Workers Comp in California
workers compensation vs automobile insurance
Hi, my mother got into a serious car accident while on the job. Should she pursue the automobile insurance company (of the person she got into an accident with) or should she file for workers comp.?
2 Answers from Attorneys
Re: workers compensation vs automobile insurance
She has to pursue both. I had similar cases and I ended up recovering very good settlements from both insurance companies. You will not be entitled to double recovery, but in Worker's Compensation cases, fault is not an issue and she may need to receive temporary disability until she can return to work. Automobile insurance carrier may fight issues of liability and will not pay anything until her case is settled. Call us at 213.388.7070 for a free consultation.
Re: workers compensation vs automobile insurance
Do both. Try and find an attorney who will handle both cases. The comp case is important because your mother can have any civil settlements paid within the comp claim, thus she will not pay taxes. Further, medical costs will be covered by the comp carrier, while the automotible insurance company may not readily provide benefits.
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