Gretna, LA asked in Car Accidents, Personal Injury and Workers' Compensation

Q: If part if your job requires travel, you get in a car accident (not at fault) while on the clock can you file work comp?

If I got into a car accident being hit from the back and go to the hospital and suffer pain and cognitive issues, while I am working because traveling from department to department is apart of my job. Can I file for workers comp? Do I file through my car insurance or my job, can file workers comp for me? Or both?

2 Lawyer Answers

A: I hope that you the injuries you have are not that serious, however regardless of how serious they are, you potentially have a claim against your employer for workers' compensation as well as against the driver who hit you from behind--which many could call a personal injury claim. Personal injury attorneys and worker' comp attorneys will usually provide a free inital consult/meeting, I know my office does so, and as such, my recommendation is that you contact a few personal injury attorneys and worker' comp attorneys or accident/injury lawyers, and set up a meeting to discuss your case and situation and after said meeting decide whether or not you want to hire a lawyer to represent you. Good luck.

Tim Akpinar agrees with this answer

A: As my colleague correctly mentions, this could result in two separate claims - one for W.C., and a third-party claim through the vehicle that hit you in the rear. If you go with two separate attorneys, provide each with the contact info for the other, as these types of cases usually involve coordination between the two firms when it comes to medical records, IMEs, liens, etc. Good luck

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