Can a Motor Vehicle Accident Be Covered Under PA Workers’ Compensation?
The answer is yes, if the circumstances are right. If you work in Pennsylvania and your job requires you to drive a vehicle, or you are in your vehicle, and considered to be in the course and scope of your employment at the time that you have a motor vehicle accident, you could receive workers’ compensation benefits. Every case is unique, and it will be decided by the workers compensation carrier, or by a Worker’s Compensation Judge, if denied by the carrier, as to whether the injury resulting from the motor vehicle accident is indeed covered by workers’ compensation insurance.
If covered, workers compensation will be the primary coverage for the payment of your medical bills and lost wages. You can also receive benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act or the Motor Vehicle Financial Responsibility Law, and this will not affect your right to receive workers’ compensation benefits. If you were involved in a motor vehicle accident that was the fault of someone else, you can file a civil lawsuit against the driver and their motor vehicle insurance company; however, if you would receive an award in court or a settlement as a result of that third-party lawsuit, then the workers’ compensation carrier can file a lien against that recovery that you receive to get their monies back that were paid on the claim. This is called subrogation and is permitted by the Pennsylvania Worker’s Compensation Act.
If you or a loved one has been involved in a work related motor vehicle accident, you owe it to yourself to seek advice from a Certified Specialist in the practice of Worker’s Compensation law. Contact Robinson law LLC for your free, no obligation consultation.