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Personal Injury Blog

  • Will My Auto Insurance Benefits Be Reduced If I Have a Workers' Compensation Claim?

    Posted By Chaikin, Sherman, Cammarata, Siegel, P.C. || 6-Aug-2013

    Authored by Matthew Tievsky

    When you are injured while driving on the job, you generally have the option of bringing a workers' compensation claim against your employer. You also might make a claim with your own insurer for personal injury protection benefits (if you have this type of coverage), which automatically pays money when you are injured while in a car. You also might make a claim against your insurer for uninsured or underinsured motorist benefits (again, if you have this type of coverage) if you are injured by a person who is not a co-worker and who is uninsured or who has little insurance.

    This being said, there is a Maryland statute that says that your insurance benefits will be reduced by the amount of money you have received from your employer due to a workers' compensation claim. The purpose of the statute is to prevent you from double-recovering. However, this leaves something unclear – what if a court has awarded you money for your workers' compensation claim, but you haven't actually received the money? Can you still claim your full insurance benefits?

    In the recent case of TravCo Insurance Co. v. Williams, Maryland's high court answered: Yes. Whether you will actually receive the workers' compensation money is speculative. Your insurance benefits can only be reduced by the amount of money you have actually received from your employer. This is an excellent result – it means that the rule against double recovery only applies when there actually is a double recovery.

    If you have any questions about your right to your automobile insurance benefits, you should contact a Maryland personal injury attorney at Chaikin, Sherman, Cammarata & Siegel, P.C.

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