Collecting Workers’ Compensation Benefits When Involved In A Commercial Vehicle Accident
In Louisiana if you are driving a commercial vehicle or riding as a co-employee in a commercial vehicle and you are involved in an accident, not only may you be able to collect damages arising out of the vehicle accident itself, but you are also entitled to workers’ compensation benefits since your accident and injury occurred while you were in the course and scope of your employment. A good injury lawyer will not only help you with your accident claim, but the lawyer will also make sure you get the workers’ compensation to which you may be entitled. You will receive workers’ compensation benefits from your employer’s workers’ compensation insurance carrier. Separately, you can pursue a claim under Louisiana law against any responsible party for your vehicle accident. This includes any other vehicles which may have caused your accident and injury. If you are riding as a co-employee in the vehicle, and your co-employee causes the accident, unfortunately Louisiana workers’ compensation laws prevent you from filing a suit against your co-employee who was driving the vehicle for any negligence on his part in causing your accident and injury. In order to file a separate suit beyond workers’ compensation benefits you must identify a non co-employee who caused or contributed to your accident.
However, if the non co-employee who caused or contributed to your accident does not have adequate insurance to cover all of your damages, then you can file a claim against your company’s UM insurance which may have been provided at the time of the accident. The trick is to identify the third party who caused or contributed to the accident beyond your co-employee. Once this is done, in all likelihood you will have sufficient insurance to cover your damages since you can take advantage of any UM insurance which your company may have had at the time of the accident. An experienced lawyer who has handled ‘multiple party’ car accident cases will help you with these issues that may effect your recovery.
