Injured while driving for work? Should you report your injury as a workers’ compensation injury or simply allow the case to be handled as a personal injury? Often its tricky to know whether to report your automobile accident case as a workers’ compensation case as many people are concerned about their employer discriminating against them for getting injured while working.
The primary reason we always recommend that the injury be reported as a workers’ compensation case is because of the narrow period of time to report the injury and setup your comp claim. Reporting your workers’ compensation claim. If you choose not to report your claim timely (as early as possible and within 30 days) as a workers’ compensation injury and your injury is serious and long term you may later be unable to file.
Therefore, as there is typically no way to know the serious nature of your injury we always recommend you file early. In North Carolina the minimum limits for liability policies for automobile insurance is $30,000.00. Many times due to the low limits in comparison to the high amount of damages your may not be able to recover enough to make you whole for your harms and losses.
However, if you file the workers’ compensation claim, the limits are almost often higher and your injuries have a greater chance to be paid. Your workers’ compensation carrier may have a lien against your injury recovery; however, that lien can be addressed at the end of the case. If you have any questions regarding your injury case or whether to file a workers’ compensation claim, give us a call or contact us to discuss.