Motorcycle Accident While On The Job: Is It A Personal Injury Claim Or Workers' Comp?

Riding on that two wheeler gives you a close sense to absolute freedom, and it's even more of an experience while you're on the job! However, with a blink and a miss, you fall into an unexpected accident. Whether you're a courier on a delivery, or on the clock and hitting the road, these types of accidents do happen. The question remains, can you open a personal injury claim or workers' compensation, or possibly both? Here at KAASS LAW, we know the exact direction on what to do when it comes down to these types of accidents. Our team knows how to collect the right info that is beneficial for you so you may recover and maximize your financial compensation. The following will provide definitions of the two different types of cases and explain how choosing us to represent your case is the best option for you!

What is Workers' Compensation?

So let's rewind and take a step back to uncover the first order of business. First up, workers' compensation. Think of it as your safety net at work. You get hurt while you're on the clock, doing your job; they're supposed to cover your medical bills and a portion of your lost wages. Even if you were, say, a tiny bit at fault, or maybe the road was a bit slick, you're usually covered. For a motorcycle accident, that means those initial ER bills, the follow-up appointments, physical therapy, the whole nine yards. And, yeah, they'll give you some money to help pay the rent and keep the lights on while you're out of work.

But here's the thing, and it's a big one: workers' comp isn't a magic wand. It's got its limitations. It's designed to cover the immediate, essential stuff. The hospital bills, the basic rehab. But what about the long-term effects? What about the pain and suffering? What about the lost earning potential? Workers' comp isn't going to cover that.

What is Personal Injury?

That's where personal injury comes in. This is where you go after the person or company that caused the accident. Maybe it was some distracted driver texting while they were driving. Or maybe it was a construction company that left a dangerous pothole uncovered. If they're at fault, if their negligence caused your accident, you can sue them for everything: medical bills, lost wages, pain and suffering, emotional distress, the whole shebang. That's where you can really get some serious compensation, the kind of compensation that can help you rebuild your life.

Now, the million-dollar question: can you double-dip? Can you get workers' comp and file a personal injury lawsuit? The answer, most of the time, is yes. But, and this is a crucial but, there's a catch. The workers' comp folks want their money back. It's called subrogation or a credit. Basically, if they paid your medical bills, they're going to want a piece of your personal injury settlement. It's like they're saying, 'We helped you out, now you help us out.' It's a bit of a headache, but it's a necessary part of the process.

This is where things get really complex, really messy. You need someone who knows the ins and outs of both workers' comp and personal injury law. Someone who can navigate the paperwork, deal with the insurance companies and make sure you're not getting screwed over. Someone who can keep track of every single medical bill, every lost paycheck, every sleepless night. Someone who understands the emotional toll this takes on you and your family.

Contact Us

At KAASS LAW, we've been doing this for years. We've seen it all. Our expert team from our firm knows exactly how to deal with workers' comp and personal injury cases if applicable and when necessary. We can build a strong case, whether its workers' or personal, KAASS LAW knows how to handle it. We take our time on listening to our clients, gathering evidence where it might be hard to get, and can litigate or fight your case to the very end. The firm can do more extended investigation on the matter and further dissect any oppositions' argument in order to find any inconsistencies. But the biggest thing we ask you, and our future clients is this: contact us ASAP. Time is not in your favor when it comes down to these incidents, unfortunately. The longer you wait and don't make a decision on this without an attorney, this increases the risk of you not maximizing your financial compensation.

We know how to deal with the workers' comp folks, we know how to build a strong personal injury case, and we know how to get you the maximum compensation you deserve. We'll roll up our sleeves, dig deep, and fight for you every step of the way. We'll investigate every detail, find out who is really responsible, and make sure you get every penny you're entitled to.