Can I Get Worker’s Compensation AND Sue a Third Party When in a Car Accident?

June 26, 2012

Auto Accidents

If you are injured in a car accident while you are on the clock at work, you are likely going to have more than one option to secure compensation for your injuries.  Typically, if you are working when injured, you will be limited to worker’s compensation.  That is the whole purpose of the worker’s compensation system—to compensate people that are injured while working.

The main issue with relying on worker’s compensation is its limits.  It is limited in that it is only for the purpose of compensating for medical bills and lost wages. This limitation is crucial when one fact is considered:  Many times the largest portion of personal injury damages is for pain and suffering (non-economic damages).  This is a fact that everyone needs to understand if they are injured on the job.

Workman’s compensation does not envision that you will be injured by a third party, a party other than your employer, while at work.   If a third party is at fault for your injuries, you can file a claim against them and their insurance company in civil court—in addition to filing for worker’s compensation.  But there is one caveat; if you get workmen’s compensation and an award of civil damages there is subrogation to workmen’s compensation. That translates to meaning funds that workmen’s compensation pays an injured party must be paid back to them subsequent to obtaining a civil settlement or verdict.

This information is crucial if you become injured.  There is a fallacy that “If you get hurt at work, you can only get worker’s comp.”  This, as outlined above, is not true.  Thankfully, it is possible to collect from both sources discussed, so you can get the maximum amount of compensation for your injuries.

It is advisable to contact an experienced personal injury attorney at the Ohio law firm of  Slater & Zurz, LLP for a free consultation by calling 1-800-297-9191 or sending a Blog Message to make certain that you are adequately represented in order to insure compensation for injuries and other damages sustained during a car accident.

To learn more about car accidents and injuries at work, please visit slaterzurz.com.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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  1. Injuries at Work and Intentional Tort Damages | Slater & Zurz LLP Law Firm Blog - July 3, 2012

    […] personal injury while at work is not always worker’s compensation.  As discussed in a previous blog article, sometimes a third party, other than your employer is at fault for your injuries, thus allowing you […]

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