Legal Question in Personal Injury in Texas
Auto Injury
I was technically at work driving my personal vehicle for job related purposes when involved in an auto accident. Workers comp paid a portion of my hospital bill and lost wages. I have a hospital lien against me for unpaid bills. As at fault driver am I entitled to any monetary compensation?
3 Answers from Attorneys
Re: Auto Injury
You might have PIP if you paid for it. Check with your insurance agent.
Re: Auto Injury
If you were totally at fault, you would not be entitled to any compensation other than workers' comp benefits. (However, if you had "Personal Injury Protection" on your own policy, you may be entitled to collect those benefits.) As to the hospital lien, a medical provider is not allowed to attempt to collect its bill directly from you. It would have to go through the Workers' Compensation Commission and get a ruling allowing it to do so first. The bill would likely be the responsibility of the workers' comp insurance company and could not be collected from you.
Re: Auto Injury
If you were at fault, then no. However, if there is a third party involved, you can make a claim against their insurance (if any)and the PIP on your auto policy. If you recover against the third party, the WC carrier may have a lien against your recovery. Our firm represents both workers' compensation and personal injury clients. Please feel free to contact me.