Many workers are required to drive during their workday in furtherance of their employer's agenda. Those people in turn are sometimes involved in vehicular crashes in which they are injured.

This gives rise to the question of whether they can claim workers compensation benefits such as pay for lost work time, medical care and other associated costs. The answer in Maryland is generally yes.

Theoretically the crash victims are entitled to but one recovery for their injuries but many claimants make workers comp claims in addition to receiving benefits from the at-fault driver's liability insurance.

Typically the injured person files a workers comp claim first inasmuch as comp responsibilities falll to the workers comp insurer quite swiftly whereas settlements with the at-fault driver's insurance only takes place when all treatment has been completed.

The worker's comp insurance company usually has 30 days to decide whether to fight a case and ends up paying for medical expenses and lost time from work, so-called " Temporary Total Disability", shortly after the collision which started the chain of events.

So yes you can claim workers comp benefits from a work-related crash although sometimes employers are unhappy about this.

That employers are some mad when their employees are in crashes resulting in comp claims is something of a misunderstanding on their part.

The theoretical rule is that injured people are entitled to but one recovery. Thus, when plaintiffs have collected workers comp benefits and then make an auto liability claim the employer and their comp insurer have a lien to be repaid out of the claim's proceeds.

There are complexities to this scheme but the basic answer to the question posed is YES you can and should claim workers comp benefits if you are in a vehicle accident while working.

Robert V. Clark
Maryland Car Accident and Personal Injury Lawyer
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