Can I get a settlement from auto insurance AND worker's comp?

by Tom
(Hartford, CT)

I work for a company that pays me from the time I leave my house to the time I return home. I got into a car accident and was injured while driving to work. I went under surgery for a torn rotator cuff. I was out of work on workers comp for 14 weeks but the money was not enough to pay my bills (with everyone charging me late fees). I'm way behind on my bills now.

My question is: Do I get a settlement from workers comp even if I might also get a settlement from the auto insurance company of the person who rear ended me? Thank you.

Visitor Question:
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ANSWER for "Can I get a settlement from auto insurance AND worker's comp?":

Tom (Hartford, CT):

Yes, there is nothing wrong with recovering compensation for your injuries from the auto insurance company as well as from your workmans compensation insurance.

Although it really isn’t any of their business, if either insurance company asks if you are collecting from another insurance company you would be well-advised not to lie, but instead to make it clear the question, and your answer, is none of their business.

The key though, is being able to have your employer agree to pay you workmans compensation benefits for the injuries you sustained while driving. Remember though, don’t let your workmans compensation insurance adjuster attempt to “off-set” your workmans compensation benefits because of the auto insurance. That is not legally appropriate.

Be sure to document your injuries. Having your doctors confirm your torn rotator cuff injury is vital. The next step is to have the doctor tie your injuries to the period in which you were “on the job”.

Also be sure to file your workmans compensation claim within Connecticut’s 90 day time period. As long as you comply with the 90 day workmans compensation period you have up to 2 years to file the auto insurance claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION