As we know, people have all different types of jobs and all different types of job locations. Some of us travel a lot for work. For those people who are out on the road for work, there are some important things to know and be prepared for in the event of a car accident.
First and foremost, if you are in a car accident while on the job in Pennsylvania, it is your employer’s workers compensation insurance that is going to pay for your medical treatment and lost wages no matter who is at fault for the accident. However, that workers compensation insurance is then going to seek reimbursement of anything they pay from any other source of insurance that you pursue because of the accident.
The Courts have established some restrictions on what reimbursement (or “subrogation”). The courts have consistently held that the Workers Comp can obtain reimbursement from the insurance for the person who caused the accident. However, if you then have a personal insurance policy for uninsurance and underinsurance benefits, then the workers compensation cannot make a claim to those benefits.
The Commonwealth Court in the case of Davis v. WCAB (Pa. Social Services Union), analyzed another potential subrogation offset. In this case, the employee was injured as a passenger in a co-employee’s car. The other car was uninsured and so the employee made a claim for uninsured benefits on the co-employee’s personal policy. The Court held that because it was not the injured person’s own policy, the workers compensation insurance still had the right of subrogation.
If you are ever in a car accident, it is important to talk to a lawyer right away. There are many questions that arise and you want to make sure you are protected and get the benefits you deserve. Call Abrahamsen, Conaboy and Abrahamsen for a free consultation. We fight for what’s right!