Workers’ Compensation vs Auto Insurance: What’s the Difference? (2024)

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Workers’ Compensation vs Auto Insurance: What’s the Difference? (2)

Michigan lawyer explains workers’ compensation vs auto insurance when an employee gets into a car accident while on the job.

Our law firm represents individuals who are hurt on-the-job. We get them workers’ comp benefits, which includes medical treatment and lost wages. It does not matter if they are short-term employees because coverage begins immediately. Even accidents occurring before or after hours can be covered if on company property. Some of our clients have car accidents while driving for their jobs and this means auto insurance benefits might also be available. Here is what everyone should know about Michigan workers’ compensation vs auto insurance coverage if injured in a work-related automobile crash.

Michigan workers’ compensation vs auto insurance

Michigan passed its first workers’ compensation law over 100 years ago. It protects employees hurt on-the-job by guaranteeing medical treatment and lost wages. In exchange for these automatic workers’ compensation benefits, employees gave up the right to sue for pain and suffering damages.

If an employee gets into a car accident while driving for their job, they should be covered under workers’ compensation insurance. It does not matter who was at fault or caused the car accident. So, when it comes to comparing Michigan workers’ compensation vs auto insurance, workers’ comp is considered primary so it should always pay medical bills and wage loss first.

When comparing Michigan workers’ compensation vs auto insurance, if an employee gets in a car accident when going to or coming home from work, this is typically not covered under workers’ comp. However, there are exceptions when certain factors are met.

These include whether mileage was paid for by the employer, whether the injury occurred during working hours, whether the employer derived a special benefit from the activities at the time, and whether the employee was subjected to excessive exposure to traffic risks.

Sometimes going to and coming home from work claims are difficult to analyze. It is a good idea to speak with an experienced workers’ compensation lawyer to ensure no benefits are missed.

Michigan auto insurance

When comparing Michigan workers’ compensation vs auto insurance in Michigan: Michigan has a No-Fault (PIP) law that protects drivers who are hurt. It pays medical bills and three years of wage loss. Michigan No-Fault includes money for replacement services and other items that workers’ compensation insurance typically does not cover.

Individuals who are disabled from working can collect additional money from auto insurance bringing total wage loss benefits to 85%.

Order of priority will determine which auto insurance company pays. It could be the employer’s insurance or from another household. Watch out for auto insurance companies who say workers’ compensation is primary and refuse to pay benefits. This is especially true if workers’ compensation has disputed the claim.

Pain and suffering

Drivers who are hurt because of someone’s negligence in a work-related automobile crash can also file a third-party lawsuit. This allows them to collect pain and suffering damages too. Sometimes money recovered from the at-fault driver must be paid back to workers’ compensation insurance. It is important to have a lawyer who can negotiate potential liens and maximize the amount of money recovered. There is no fee unless money is recovered.

If you were injured in a work-related automobile crash in Michigan and you have questions about workers’ compensation vs auto insurance coverages and need help with your claim, call now to speak with anexperienced attorney, or fill out our contact form for afree consultation.There is absolutely no cost or obligation. We’re here for you.

Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understandMichigan lawsand what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on ourtestimonials pagefrom clientswe have helped.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.

Related information:

Workers’ Comp Settlement For Herniated Disc: What You Need To Know

Workers’ Compensation vs Auto Insurance: What’s the Difference? (3)

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.

Workers’ Compensation vs Auto Insurance: What’s the Difference? (4)
“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

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Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

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Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

Meet our attorneys

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Read our blog

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Workers’ Compensation vs Auto Insurance: What’s the Difference? (2024)

FAQs

What is the difference between workers compensation and insurance? ›

Workers' comp is government-regulated and provides benefits for a work-related injury or illness. Disability insurance is voluntary. It helps replace your employees' lost income if they become disabled from an injury or illness outside of work.

What is the difference between WC and EL? ›

Both policies cover workplace injury, only the different aspects of it. Workers compensation covers the costs related to the injury without alleging any liability on the employer's side. Employer's liability insurance covers expenses if the employer gets sued for punitive damages.

What is the difference between workers comp and SDI? ›

California state Disability Insurance (DI) pays a weekly benefit when an injury or illness is not caused by or related to work. The DI benefits are paid only for a temporary period of time. Workers' compensation (WC) provides benefits to employees when their injury or illness arises out of or is caused by their work.

What are the three main types of auto insurance What is the difference between each? ›

The three key types of car insurance are liability insurance, collision coverage and comprehensive insurance. Liability insurance covers damages caused to other people, while collision and comprehensive coverage take care of repairs that must be done for your car.

What type of injury will not be covered under a health insurance policy? ›

The type of injury that would NOT be covered under a health insurance policy is a recreational injury. Health insurance policies generally cover accidental injuries, work-related injuries, and sports-related injuries. Accidental injuries can occur in everyday situations, like slipping and falling.

Which statement is true regarding workers' compensation coverage? ›

Final answer: The true statement about Workers' Compensation coverage is that employers pay the entire premium.

What does WC mean in employment? ›

49. WC – Workers' Compensation. 50. WFH – Work From home.

What does El mean in insurance? ›

Employers liability (EL) coverage is provided by part 2 of the workers compensation policy. It provides coverage to the insured (employer) for liability to employees for work-related bodily injury or disease, other than liability imposed on the insured by a workers compensation law.

What is WC in trucking? ›

Protecting drivers is even more important than protecting the vehicles they drive. Great American offers Workers' Compensation for the following segments: For Fleet Owners - Fleet Owners who lease on to Motor Carriers often need to provide Workers' Compensation coverage for their employee drivers.

What does SDI mean in insurance? ›

State Disability Insurance (SDI), which includes Disability Insurance and Paid Family Leave, provides short-term wage replacement benefits to eligible California workers who lose wages when they need time off work: Due to a non-work-related illness, injury, or pregnancy. To bond with a new child entering the family.

Is SDI full pay? ›

Your weekly benefit amount is about 60 to 70 percent (depending on income) of wages earned 5 to 18 months before your claim start date, up to the maximum weekly benefit amount. You must have been paying SDI taxes on these wages (usually noted as CASDI on your paystub).

What pays more SDI or SSDI? ›

Amount of disability benefits.

SDI usually pays 60-70% of your pre-tax income, up to a maximum amount. For instance, California SDI pays up to $1,620 per week ($7,020 per month). With SSDI, the maximum benefit is $3,822 a month (for an individual), or about $882 per week (and very few people get the maximum benefit).

What are the 5 types of auto insurance? ›

5 Types of Car Insurance Coverage Explained
  • Liability Insurance.
  • Collision Coverage.
  • Comprehensive Coverage.
  • Personal Injury Protection.
  • Uninsured /Underinsured Motorist Protection.

Which type of auto insurance coverage is most important? ›

But no matter where you live, liability car insurance—which covers damage and injuries you cause others in an accident—is the main required coverage. The minimum car insurance required by your state is important to know, but this amount may not be adequate for your needs.

What is the meaning of auto insurance? ›

Understanding auto insurance—the basics

Auto insurance is a contract between you and the insurance company that protects you against financial loss in the event of an accident or theft. In exchange for your paying a premium, the insurance company agrees to pay your losses as outlined in your policy.

Can I use my own insurance instead of workers' comp in California? ›

Q: Can I Use My Own Insurance Instead of Workers' Comp in California? A: No, you should not use your own insurance instead of workers' comp in California. If you have sustained an injury while at work, only workers' compensation should be used to pay for medical treatment.

Can I use my own insurance instead of workers' comp in Texas? ›

Texas law doesn't consider alternative policies and coverage bought from unlicensed insurance companies as workers' compensation. This means you lose your legal protection against lawsuits, and an injured employee could sue you for damages resulting from a work-related injury. You also lose financial protection.

Is compensation and benefits the same as payroll? ›

Payroll typically involves payments of regular salary and wages, commissions and bonuses. Compensation is broader than pay as it includes all of the benefits and perks that companies provide to employees on top of income.

Can I collect unemployment after workers' comp settlement in California? ›

It is possible to collect unemployment after a workers' compensation settlement, but oftentimes a resignation letter will become part of the settlement deal. If you signed off on the resignation letter then you will no longer be able to collect unemployment.

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