AFTER AN ON THE JOB CAR ACCIDENT, WHO COVERS YOUR MEDICAL BILLS?
You had a car accident while on the job. Say you live and work in Elmwood Park. You’ve done the right thing and hired a local car accident lawyer. Because the accident occurred while you were working, the lawyer will file a worker’s compensation claim.
However, you were not at fault in the accident. Therefore, your car accident lawyer will file a lawsuit against the other driver. Because you live in Elmwood Park, the car accident attorney may file the suit in the Bergen County Superior Court. That court is in Hackensack.
But who will pay for your medical bills?
If you had been at fault for the car accident, you would have no case against the other driver. Accordingly, you would clearly submit your medical bills to your employer’s worker’s compensation insurer. The insurer would pay them.
If the accident had not occurred while you were working, you would submit your bills to the insurer who provides coverage for your auto accident injuries. In almost all cases, that will be your auto insurer. (However, there are exceptions. Some people don’t own a car, and must rely on their general health insurance. Other people have car insurance, but, to save on premiums, designate their general health insurance to cover them for car accident injuries. By the way, designating your health insurer to primarily cover your auto accident medical expenses is a bad idea. If you have an accident, it can greatly reduce the amount of compensation that you will net for your pain and suffering.)
So what happens when you were both on the job and not at fault?
Submit Those Medical Bills Through Worker’s Compensation
In the face of seemingly contradictory laws, a New Jersey appeals court ruled that your Elmwood Park employer’s policy for worker’s compensation must cover your medical expenses. Thus, you would submit your bills to the worker’s compensation insurance company.
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