Tuesday, March 17, 2009

Injured During Work Driving the Company Vehicle

If you have been injured during work while driving the company vehicle you have two claims to bring in a Maryland injury case. The first claim is against the driver of the other vehicle. This is what we call the third party claim. The other case you have is a claim for workers compensation benefits against you employer. There are a few things you need to know before you start. One is you can not get both PIP benefits and TTD (lost wage benefits) in this situation. Additionally, the workers compensation insurer will have a credit against your third party recovery. Furthermore, in the event your third party case also gives rise to a UM claim. The workers compensation insurer will argue for a credit against the UM recovery as well. I have negotiated three cases in the past 12 months involving these issues. Each case resulted in a mid six figure recovery for my clients. Each case involved a third party claim, a UM claim, and a workers compensation claim. If you think fighting one insurance company per case is interesting try fighting three at the same time. Fortunately we were successful in each case. If you have any questions regarding this type of case, please feel free to call me I am happy to help you through this maze.

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