Motor accidents do occur quite often at work. Such accidents can take place within the business premises or even outside them. Motor accidents that occur at work usually leave many people in doubt about the procedures of claiming compensation. This is mainly because there are two possible directions that the injured worker can be compensated. He can be compensated for his injury under the Workman Compensation Claim or can be indemnified with Third Party Motor Insurance. A workers compensation attorney can offer guidance about which one of the two mentioned methods of compensation is most acceptable.
A worker is compensated when a third party is at fault and he/she is the pedestrian or passenger. In this case, the accident must take place within the business premises, or the worker must be aboard the vehicle, if the he is to claim compensation. The following are some of the factors that affect compensation in an accident caused by another worker:
· Whether the business is or is not insured
· The extent of the injury
· Whether the injured worker is or is not insured
· The degree of contribution of the worker to the accident
A workers compensation attorney can determine whether a particular injury can be compensated and the extent to which the injuries will be compensated. Accidents caused mostly or entirely by a worker cannot be compensated by the employer’s auto insurance company since the employer is actually the victim of the accident. An employee who suffers motor accident caused entirely by his negligence can only be indemnified by his insurance policy, and not by that of his employer.
The steps of procurement of compensations differ from state to state. This is why a victim of an accident must consult his workers compensation attorney services for information about the procedure for compensation. Generally, the following happens after an accident:
· The workman is taken to hospital for medical care
· The worker’s supervisor is informed about the accident
· The worker contacts his attorney
· The attorney presents the case to court
· The employee is served the summon
· Court proceeding begin
· Judge makes a ruling
· The worker is compensated, or not compensated
Sometimes, after the employer has been summoned to court, the employer’s insurance company can opt for out of court settlement of the dispute. In this case, the employee and his attorney negotiates the extent of the compensation with the representatives of the employer, without moderation by the judge. This option is identified and accepted by the law as long as the two parties consent to it.
Compensation for auto accidents cover for immediate damages as well as for imminent changes in life style. A worker who has lost his ability to earn must be duly compensated. The compensation also covers past and future medical bills that the worker has and will accrue. Compensations are almost always in monetary forms. The bills of the workers compensation attorney who is involved in the case is usually a proportion of the whole compensation.