Have you or someone you know been injured while on duty at your job, but
the injury was caused by someone not employed at your company? For instance,
a FedEx employee can be involved in a motor vehicle crash while delivering
packages, where the crash was caused by another driver. In that situation,
you may be entitled to worker’s compensation benefits, but what
about a claim against the at-fault driver?
Filing third-party claims along with worker’s comp
It is not that uncommon for an employee to be injured while working, but
the injuries are caused by someone with no relationship to the employer.
Often in those cases, the injured employee is able to file both a workers’
compensation claim with his or her employer, along with filing a separate
action against the third-party.
An example of a third-party claim under Worker’s Comp
In October of 2014, Barry Asbury was killed while working on a highway
construction project in South Carolina. While working with the paving
crew, he was struck by a car and killed. The driver of the vehicle that
struck him, was charged with leaving the scene and DUI. This unfortunate
incident can result in Worker’s Comp benefits for the family, as
well as recovery from a civil lawsuit against the driver for wrongful death.
Reimbursement upon recovery from third-party
Typically, when an employee who has received workers’ compensation
benefits, and subsequently receives compensation from a third-party for
the same injuries, the law requires that the workers’ compensation
insurance carrier be reimbursed for the benefits paid. The injured employee
is then allowed to keep any amount that remains after reimbursement. Usually,
this will include compensation for pain and suffering and punitive damages,
recovery that is not covered by workers’ compensation.
If you have questions regarding a personal injury matter, contact us
or by calling the Law Office of Cody R. Wix, LLC, at (205) 381-4787.