I was in a motor vehicle accident on the job, do I need two lawyers? If you were not at fault, the answer is most likely "yes."
If you are involved in a motor vehicle accident while on the job and it's not your fault, you have a personal injury claim against the other driver, and you have a workers' comp claim against your employer.
If your Arizona workers' compensation case is accepted, the workers' comp insurance carrier will pay all your bills and pay you compensation while you're off work. They will then package all of this money that they've spent on your behalf into what we call a "lien."
The lien will then be applied against whatever you recover from the other driver. The lien is subject to your "total recovery" from the other driver minus "reasonable" attorneys fees.
To simplify this, if you settle your case against the other driver for $100,000 and have to pay $20,000 to your personal injury attorney, that leaves $80,000 which the workers compensation insurance carrier can apply their lien towards and get paid back their money.
This is a very complex area of the law and many attorneys don't understand it. That is why it is crucial that if you do suffer a car accident while working that you contact one of the attorneys at Fendon Law Firm with any questions about your rights. We are the largest family owned and operated workers' compensation and Social Security disability law firm in the state of Arizona.