auto accident while on the job

Those injured on the job by someone else’s fault may be able to recover damages in addition to worker’s compensation benefits.

If you are injured on the job by the fault of another person who is not a fellow employee, you may have an independent legal claim for your injuries against that at-fault person, in addition to your worker’s compensation. This is called a “Third-Party Claim.”

For example, if you are on the job driving a company vehicle, and are involved in an accident caused by the other driver’s fault, you can make a personal injury claim against the at-fault driver and his/her insurance company, in addition to whatever worker’s compensation benefits are paid to you. You must file an “election” with the employer’s workers compensation carrier to pursue that third-party claim yourself. There are time limitations that apply to when you must file that election. The worker’s compensation carrier has a right to be reimbursed its benefit payments out of the recovery in the third-party claim. However, settlements of “third-party” claims most often result in additional recovery for the injured person, above and beyond the amount of worker’s compensation benefits.

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