Texas Vehicle Collisions and Workers Compensation

I am representing several people who were injured while driving on the job. This happens all the time to truck drivers and delivery persons, of course, but also to sales people, real estate agents, home health workers, and office workers buying supplies. Today I was meeting a new client, an 18 wheeler driver hurt in a collision on I-20 who is now facing back surgery, and he wanted to know the answers to these questions:

(1) Can he pursue the other driver for damages and also be reimbursed by his company’s workers compensation policy?

(2) Will he have to repay the compensation carrier for the money and medical treatment he receives?

(2) Should he even elect to file under that comp plan?

I closely examine the facts of each case in an effort to maximize the financial recovery my clients will receive. Often it is in my client’s best interest to file for comp and also pursue
the other driver, but in other cases, his rights may be cut. It depends on the comp and third party carriers, adjusters, attorneys, policy limits, bodily injuries, time off from the job, available medical providers, and financial needs, among other considerations.

If a person files for comp, he does receive a small weekly payment and medical treatment. But on the down side, he frequently has to have that medical care furnished by company approved and paid doctors, then have to repay all money received when he receives a recovery from the at fault driver.

On the other hand, if he files a claim against or sues the other person or company which caused the accident. his potential recovery of money can be greater, his medical treatment is not limited, and he doesn’t have to repay the workers compensation lien.

If you have been injured while driving on the job and have any questions about your case, please contact this office. We will discuss all the details of your case in depth at no charge. We have an experienced team that can guide you through each step and get you the money you deserve.

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