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If You Are Injured on the Job by Someone Else's Negligence, Can You Still Make an Accident Claim?

The topic of this video is if you are injured on the job by someone else’s negligence, can you still make an accident claim? Now the answer to this question is yes, of course. And actually, this is a pretty common situation. We get these, these types of cases day in and day out. Uh, and I’d say probably the most common situation, uh, or from a couriers, people that are out there driving for their job that are rear-ended or t boned and injured, but yet still within the course and scope of their employment. So the way it works on those types of cases, uh, usually worker’s comp will kick in. And so whatever the treatment that is required, worker’s comp will pay for. So there’s no out of pocket costs to the employee. They work, they treat, they get better. And then on the backend, what will happen is once they hire an attorney to pursue the claim against the at-fault person, all that happens is that that worker’s compensation money that is paid on their behalf becomes a lien against the recovery on the case.

So take for example, just use, um, use this, these numbers for an example. Say, say you run a $10,000 work worth of bills, uh, treating through the work comp doctors now and you then you hire a lawyer, hire a lawyer, and the lawyer settles the case for say $30,000 against the person who hit you. Well, you get one third off for attorney’s fees that leaves 20. You have to repay the $10,000 to worker’s comp. That leaves 10 at the end of the day for you. So it’s a pretty good deal and it makes a lot of sense. Uh, and even those worker’s compensation Liens, even though they technically bill out at say $10,000, they’ll normally except two-thirds of that or $6,666. So it actually is a pretty good deal for the, for the client. Uh, we get these cases a lot and it’s just like any other type of personal injury case, you make a claim against the at-fault person and it doesn’t necessarily have to be a car accident. For example, if somebody injures you in, is liable for that, you can make the claim for whatever type of reason. Uh, for example, uh, we’ve got a case right now where a, uh, uh, a Tampa police officer was negligent for causing someone’s injuries. Well, okay. Worker’s compensation still covered the treatment, but the claim was against Tampa PD at the end of the day. So like I said, it doesn’t necessarily have to be an auto accident situation, although that is by far the most common situation.

*The above has been transcribed by a third party service and has not been checked for accuracy.

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St. Petersburg Personal Injury Attorneys McQuaid & Douglas are committed to helping their clients achieve the best possible outcome. If you or a loved one has suffered a personal injury due to someone else’s negligence, don’t hesitate, contact us today at (727) 381-2300. We are open 24/7 and you will be speaking with an attorney.

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