Q: Can I claim lost wages from both workmans comp and auto insurance due to an auto accident while on the job?
I reside in Oregon and the accident happened in Oregon. Employer is not being professional about the situation and neither is their workmans comp agent. The accident occured on July 20th and I have not received payment for lost wages and my medical bills are not being paid. Driving is part of my job. It was not a commuting accident. I have bills that need to be paid and I need to get a new vehicle as it was totaled. I was offered lost wages through my insurance and contemplated taking them because my workmans comp is taking so long. However, I don't want to get in trouble with the law if I claim both.
A:
The first question is, did you file for worker's compensation yet? Sounds like it, but make sure you do to ensure the WC carrier is on notice.
There is no problem with claiming the wages through your own insurance, but just know your own insurance will then seek reimbursement from your WC carrier (or the other driver if the other driver was at fault). You might consider doing the same as to your vehicle so that you can get a new vehicle, then let your insurance deal with getting reimbursed.
Lastly, if you were injured, and the accident was someone else's fault, I would suggest consulting with a personal injury attorney to discuss other options.
A: If you have collision run the car damage through that. If it's someone elses fault you can chose which way to go. Your employer generally isn't responsible for the vehicle. As to the insurance doesn't sound like you have a clear reason why you aren't getting paid and bills paid for comp. You should get a free consult from a member of the Oregon Assn for Justice who handles workers comp & car crashes. Generally insurance has 30 days to resolve damage to car, to respond to employers report of injury. Your first five days off work generally aren't covered by comp or by auto wage loss (at least out on the east coast). But get the consult and discuss all these items in question.
A: If you were injured while on the job, your lost income should be handled by the Worker's Compensation insurer. If your auto insurer mistakenly pays your lost income under its personal injury protection coverage, you should notify them so they can seek reimbursement from the Worker's Compensation insurer.
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