Other Insurance Policies That Might Cover Your Injuries
Many accidents involve several different defendants who are at fault. In these cases, there could be multiple insurance policies with coverage that applies to the same accident. For example: imagine a delivery driver is struck by a negligent driver while making deliveries in a work vehicle.
The accident happened on the job, so the injured worker is entitled to workers' compensation benefits. But the negligent driver is at fault for the accident. This means that his auto insurance policy also applies to the accident. The liability coverage on this auto insurance policy must pay for all the delivery driver’s losses, including pain and suffering, as well as all past and future lost wages.
Take another example: imagine that the delivery driver was given a truck with faulty brakes. The accident is caused by a defective vehicle. Because of this, the truck manufacturer can be at fault due to laws of product liability. Again, the driver is still entitled to workers' compensation benefits, but he also has a claim against the truck manufacturer. The products liability claim will require the manufacturer to pay for pain and suffering, all lost wages, and future losses associated with the driver’s injuries.
When there are multiple insurance policies available, there is sometimes an overlap in coverage. For example, your workers' compensation claim might pay for medical bills that are later recovered in a personal injury suit against a negligent driver. In this case, the workers' compensation carrier can file a lien against the car accident claim to avoid any “double-dipping.”
Health insurance companies can have the same right to reimbursement, but only if they pay for bills that are later actually recovered in a personal injury lawsuit. Medicare and Medicaid programs are especially diligent about finding personal injury claims and fighting for reimbursement.
These issues can get complicated, but don’t worry. Experienced workers compensation lawyers are skilled at handling rights to reimbursement. Your L.A. worker’s compensation attorney will ensure that only those insurance companies who have a right to reimbursement get reimbursed only for the amounts they are truly owed.