Can I pursue both a workers compensation claim and a motor vehicle claim at the same time?
- 28 Sep 2016
The answer is “Yes” yet you would be surprised how many solicitors wrongly advise their clients that they must choose between their workers compensation rights and their motor vehicle rights. That is completely incorrect.
The true position is that injured workers can and indeed should lodge claims under both the Workers Compensation Act and the Motor Accidents Compensation Act.
This does not mean that they are going to be compensated twice for the same injuries.
What it does mean is that they will receive the benefits payable to them under the Workers Compensation Actwhilst they are waiting for their claim under the Motor Accidents Compensation Act to be finalised.
Indeed it is important that workers compensation rights be pursued first because once your motor vehicle claim is finished that is an end to all your rights arising out of the accident both under the Motor Accidents Compensation Act and the Workers Compensation Act.
Moreover from whatever result you achieve in your motor vehicle claim the workers compensation insurer has to be paid back. That’s why we make it our business in the motor vehicle case to ensure that we claim all of your losses right back to day one so that when the workers compensation insurer is reimbursed you don’t end up out of pocket.
This again is something that many solicitors forget to do.