The attorneys at Morgan & Murphy recently recovered a $95,000 combined settlement on behalf of an injured in-home health aide who was involved in a car accident on her way to work. Our client sustained serious injuries as a result of the accident, including a cervical fracture that required her to have her head fixated in a halo.
In addition to the severity of her injuries, our client’s legal case was also quite complicated. When the accident occurred, our client was on her way to a patient’s home. So, our attorneys filed a workers’ compensation claim on her behalf. However, the workers’ compensation insurance provider contested the claim, stating that because our client was on the way to work but had not yet arrived at the patient’s home, the incident was not covered by workers’ compensation. Our attorneys fought back, mounting an argument in court that resulted in the judge using an exception to the “coming-and-going” rule, which states that employees are not covered by workers’ compensation while commuting to and from work. As a result, the judge awarded our client benefits and we were ultimately able to get the claim settled, with the insurance company paying for all of our client’s medical bills.
The second complicating factor in this case was the fact that the car accident in which our client was injured was caused by an uninsured motorist. Our attorneys were able to successfully get our client’s own insurance provider to pay the policy limit for pain and suffering under her uninsured motorist policy. In total, Morgan & Murphy recovered $95,000 for our client. Eventually, she regained her health and was able to return to work.
Visit our website to learn more about our recent case results, or contact Morgan & Murphy today if you need help with a car accident, personal injury, workers’ compensation, or Social Security disability claim.