I was recently involved in an auto accident where the other party was determined to be at fault. I was operating a work vehicle in the course of employment at the time of the accident. I suffered a knee injury due to being broadsided on my driver's side door where my knee was located at the time of impact. This accident occurred in the state of California.
I understand that my worker's comp insurance (through my employer) will present a lien for all of their specials paid. If the total value of my general damages exceeds the at fault party's liability coverage, who has the right of first recovery? Do I collect my general damages first, or am I obligated to repay the worker's comp lien?
Would my personal auto policy's UIM coverage act as excess if the at fault party has minimum limits?
Finally, does my compensation for general damages by the at fault party's insurance company affect worker's comp damages if there is a permanent disability?
Sorry, there are a lot of questions. The WC portion of this is beyond my expertise. Thanks.
Answer by MSAD
How WC and BI interact with each other can vary a lot from state to state.
Your best source of information is the adjuster handling your claim. If the adjuster for the at fault party does not know you can talk with an adjuster for your company.
Keep in mind - if you have hired an attorney - the adjuster from your company or the other company are not allowed to talk to you.
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Orignal From: How does workers comp affect my BI claim in an auto accident?
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