Worker’s compensation is a program that ensures that workers receive prompt payment for medical care for work-related injuries. In return, the law prohibits workers from filing personal injury lawsuits against their employers. However, there are times when a worker is injured on the job and they can file a personal injury lawsuit against another party. If a salesperson is driving a car that is hit by a truck, she can contact a trucking accidents attorney in New Jersey, to file a claim for damages against the trucking company.
However, the trucking accidents attorney in New Jersey, must ask permission from the insurance company that underwrites the employer’s workers’ compensation plan. Failure to do this could result in the employee losing any right to her worker’s compensation benefits. Once the worker’s compensation insurance company approves the lawsuit, it will put a lien on any settlement that the employee wins. This ensures that it will be reimbursed for any payments made to the employee. The goal is to prevent the employee from being paid twice for the same injury.
A trucking accidents injury attorney in New Jersey, can also be a workers compensation lawyer. This makes it very easy for them to sort out this complicated legal process. They will be able to determine the best method for their client to receive a fair compensation package. Workers compensation benefits usually cap wage reimbursement at 60 percent of a person’s total earnings. Personal injury claims do not have this limit.
Trucking companies have their own lawyers and doctors who will work very hard to reject every personal injury claim filed against them. The injured woman’s attorney will subpoena the tracking system used by the trucking company to monitor the driver. If it shows the driver did not take the required rest breaks, then he and the company are both liable for damages. It is easy for the business to monitor a driver on a daily basis and ensure that he doesn’t drive over the hourly limit. They will also check the truck maintenance records to ensure that it was maintained properly. The lawyer will scour police reports looking for evidence of speeding or aggressive driving. Any of these items could prove that the driver and trucking company should pay the damages claim.
Contact Kreizer Law, if you are looking for trucking accident attorney in New Jersey.
