Customers injured in the workplace often have both employee compensation and personal injury claims. Examples of this are a truck driver injured in a motor vehicle accident, a factory worker injured by a defective product, or a construction worker injured by an employee of another contractor.
In these cases, the injured employee has the unrestricted right to employee compensation. This includes the right to have their medical bills paid and receive temporary payments for total disability while they cannot be paid by their employer.
According to the Alabama Code §25-5-11, the money received must be used to repay the employer. Even if the injured employee does not try to sue or reclaim benefits from the party that caused the injury, the employee compensation agency can sue this third party and is given an additional six months to do so.
If the collected money exceeds the amount of the employee compensation claim, the employer does not owe any further benefits.
This does not apply to uninsured motor insurance. If you are not insured, you are entitled to keep them. If you live with your grandmother and she is not insured, you can collect and keep her.
Remember, these are two different types of damage. Worker Compensation is very specific in that it pays 2/3 of your average weekly wage while a person is unable to work and pays for a permanent injury, but does not pay for a loss of joie de vivre. That said, if you can’t see your kids play ball, bowl, or golf and you’re injured at work, you won’t get a penny for it. On the other hand, if someone gives a red light, a jury can and will consider what the injured person was previously happy to do and how the injury affects their ability to enjoy life in general and the specific things they no longer have can do because of her injury.
There are ways to use these principles for the benefit of the injured person. We’re always looking for a way to offer our customers the most money that they can keep and use to their advantage.
Buckle up, drive safely and as always, your recommendations will be appreciated! 256-764-0112
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