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Multi car accident while on job

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  • Multi car accident while on job

    I was a passenger in multiple car accident while on the job in my companies vehicle should i get a lawyer to sue the third party if they are giving me workmans comp benefits? I broke two bones and was air lifted to the hospital for emergency surgery.

  • #2
    Generally speaking, Worker's Comp is your sole remedy for on-the-job injuries. If your employer's insurance company wants to sue the insurance company of the driver who was at fault, they may.

    Good luck in your recovery.
    Last edited by Pattymd; 10-06-2010, 03:12 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Agree with Patty for an on the job accident & WC is paying your medical
      bills.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        If the OP can't work he IS getting compensation; worker's comp benefits.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          There was a post before Patty's post - spam/India. The spammer
          posted 4 spam posts. (deleted spam)
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            I thought he might be, wasn't sure.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Yep, sure was!
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                OP would have a tort claim against the third party in addition to the comp case, but there is probably comp lien against the proceeds, to prevent an alleged double recovery by the OP. If OP initiates the tort claim she may have more control over it, as she would otherwise simply have to cooperate with comp carrier's suit against the third party, and not be in control of the claim.
                Bob Bollinger, Attorney
                Board Certified Specialist in NC Workers' Compensation Law
                Charlotte, NC

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                • #9
                  And it is your company that should sue to the third party for such accidents not you. As by this , it will become a personal matter.
                  That is not true.
                  If the employer/comp carrier sues for recovery of benefits paid, THEY will get the money for those benefits.
                  IF the IW sues in a PI case... there is the possiblity of control of the case, as Bob/ATTY has pointed out, with the provisions for compensation of pain/suffering, past/future lost wages, and maybe punitive damages.

                  It is a "personal matter"....to the injured party. The employer/carrier is not ''injured''.

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                  • #10
                    CAIW, I've reported this poster as a possible spammer.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Originally posted by latisha27 View Post
                      I was a passenger in multiple car accident while on the job in my companies vehicle should i get a lawyer to sue the third party if they are giving me workmans comp benefits? I broke two bones and was air lifted to the hospital for emergency surgery.
                      While you can't sue your empoyer over a WC injury, you can sue a third party - in this case the driver of the at-fault car. You should speak with a WC or Personal Injury attorney about this. You may be eligible to receive compensation for the difference between the indemnity payments for lost wages and your regular income, pain and suffering, etc. Separately, the WC carrier will be going after the driver's insurance carrier for their costs.

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                      • #12
                        I was wondering where CAIW got quote though assumed possible spammer. Post apparently
                        deleted & spammer probably banned.
                        Last edited by Betty3; 03-14-2011, 08:01 AM.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Separately, the WC carrier will be going after the driver's insurance carrier for their costs.
                          Not a challenge here Beth... I was under the impression, in most state comp statutes I have read, there wouldn't be a seperate action by the ER/IC paying benefits...but part of the 3rd party action by the IW... subrogation rights.
                          The ER/IC should participate in the PI atty fees...IMHO, as they stand to recover benefits paid...IW shouldn't bear 100% there, when the bulk of the money generally goes to the ER/IC.

                          IF there was no case by IW, the carrier would go after the 3rd party, and the IW would/could be compelled to cooperate in their recovery...however, the IW would see nothing from that action.

                          WC with PI overlap is very very complex and requires an atty competant in both arenas...if not the PI doesn't care about the WC claim, or atty repping in the comp claim either. The comp AA's dislike PI for the basic reason of fee structure. PI taking 33% +/-, AA/Applicant Atty in comp limited to a mimimum %...ie, Calif 9% to 12%...rarely more than 15% but for the most involved claims.

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                          • #14
                            I can't speak to every State but my State's WC regulations were modeled by a great many of others so that what is allowed in my State holds true in many instances.

                            Liable third parties can be sued for negligence. For example, if the design of a machine was faulty resulting in an occupational injury, the manufacturer can be sued. Same goes for the "at fault" driver in a car accident. The employee can't double collect (i.e., they can't be paid for medical bills and lost wages the WC carrier paid on their behalf) but they can sue for the difference. The WC carrier will subrogate separately for their own out of pocket expenses but not for the injured employee's losses.

                            It's certainly worth the OP discussing with an attorney.

                            Comment


                            • #15
                              I don't doubt we're saying the same thing regarding subrogation rights of the ER/IC.
                              My comment was directed more to ''seperate action'' of the carrier after the 3rd party.

                              If that were to be the case... the IW would have no recovery of past/future wage loss, nor pain & suffering etc. Carriers are happy to let the IW chase after the 3rd party....and few ever volunatrily raise the question of shared atty fees. Nor do the PI/IW either...

                              thanks for the discussion...

                              Comment

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