If I sign an insurance settlementand waiver regarding an accident that I was in while in a work vehicle, can I still use workmans comp at a later date?

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If I sign an insurance settlementand waiver regarding an accident that I was in while in a work vehicle, can I still use workmans comp at a later date?

I am a delivery driver. While on route another vehicle hit me (they are at fault). I went to hospital with minor neck strain and went right back to work. The other drivers insurance company has given me a check and a settlement and waiver form to sign. If I accept and the injury is a problem later (like a year from now) will I still be eligible for workman’s comp?

Asked on June 15, 2011 under Accident Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please, please, please do not sign anything without first speaking with a personal injury attorney and  a workers compensation attorney on the matter.  Although it is s doubtful that the settlement with the at fault driver will preclude you from collecting workers compensation (they are two different claims) in some states one can be a set off against the other in a claim.  How they play against each other will best be known to an attorney in your area that deals with these matters on a daily basis.  And how the waiver and release are worded needs to be read by someone who is in your corner.  You do not want to preclude yourself from getting all you deserve. Good luck.


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