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.