The quick answer is “yes”, depending upon the circumstances. If you are working at the time of an accident caused by the negligence of another person, as long as that person is not a co-worker or your employer, you can get both worker’s compensation benefits and damages from the negligent party. For example, if your job requires you to drive as part of your work responsibilities and while driving to a location for work you are in an accident with a negligent driver. You can recover from worker’s comp for the medical expenses paid for your treatment, temporary total disability benefits for the time you are off of work as well as permanent partial disability benefits for your permanent injuries. In addition, you can recover from the negligent driver and their insurance company for pain and suffering, loss of wages above and beyond what you were paid by worker’s compensation, loss of enjoyment of life, potential loss of future earning capacity as well as other out-of-pocket expenses.
The catch is that in these types of cases when you settle with the negligent driver or party as the case may be it is called a third-party settlement. If there is no pending matter, the Department of Workforce Development must approve the settlement, otherwise the Court must approve. There is also a provision whereby out of your settlement proceeds against the negligent party you will have to pay back a portion if not all of the benefits received by worker’s compensation. There is a formula whereby you, your attorney and the worker’s compensation carrier divide the proceeds with any remaining funds going to you. It is complicated and these types of claims can be negotiated all to your benefit if you are represented by an experienced personal injury attorney.
If you are injured while in the scope of your employment regardless of there being a third-party please do not risk losing coverage and benefits that may be of benefit to both you and your family. These cases are taken on a contingency fee basis as is the personal injury case so that you do not pay any fees unless and until there is a recovery. Our firm fronts the costs and is not reimbursed those costs until there is a settlement. There is little financial risk for you to explore your options whether you are injured during the scope of your employment or at any time by the negligence of another.
Explore your rights and protect you and your family in the event you are in an accident by contacting Attorney Mark Krueger who has been representing injured workers and victims due to the negligence of others for more than 27 years. Please email at firstname.lastname@example.org or call (866) 455-2993 for a no cost, no obligation consultation to discuss your rights.
- The Toll of Serving as Fiduciary - May 11, 2022
- Just When You Thought You Understood the 10-Year Rule, Think Again - May 5, 2022
- Business Succession Planning May Be Easier than You Think - May 2, 2022