Q: If I was injured in a car collision while at work by another driver who was at fault. Who pays, their insurance or work?
A: Your employers Worker's Compensation insurance should pay your medical bills and time loss. You should fill out a form 801 asap reported the accident to your employer. You also have a claim against the at fault drivers insurance company for your pain and suffering.
Joanne Reisman agrees with this answer
A: Since you were working you need to make a claim for worker's compensation to cover your medical bills. You may also be entitled to an award if the injury cause a long term or permanent injury. You will still have the right to hire an attorney and pursue a lawsuit against the other driver and their insurance, but you will have to reimburse any the worker's compensation insurance carrier for whatever money they have paid out before you can settle the private claim against the other driver. You should absolutely hire an attorney to help you navigate this because it is complicated.
A: You should speak to an attorney who is a member of the Oregon Assn for Justice and handles comp and car wrecks; they give free consults. Note that in some states comp only covers 2/3 of lost wages. If you are out money some states say that the wage loss on the insurance you have will cover what comp isn't covering, or insurance on the vehicle you were in. Get the free consult.
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