When you’ve been injured in a motor vehicle accident because of the carelessness or negligence of another driver, you have a right to seek full and fair compensation for all your losses. With respect to workplace injuries, though, a workers’ compensation claim can often be your exclusive remedy, meaning it’s the only avenue available to pursue damages for injury or loss. What happens if you are injured in a motor vehicle accident during the course of employment? Are you limited to a workers’ compensation claim for any damages?
Here’s the important thing to understand about workers’ compensation-it’s intended to provide an alternative remedy when there’s been negligence by an employer or a co-employee. If the wrongful act is committed by an unrelated third party, the requirement that you pursue damages only through a workers’ compensation does not apply. So, if the driver of the other car is neither your employer nor a co-employee, you can still file what is known as a “third party claim” in a civil lawsuit for damages.
In fact, you can simultaneously file a workers’ compensation claim for any negligence by your employer or a co-employee, as well as a lawsuit for damages caused by the carelessness of an unrelated third party. You can’t recover twice for the same loss, though. So, if you recover compensation for medical expenses in a lawsuit, you can’t seek reimbursement of the same medical expenses through a workers’ compensation claim.
CONTACT THE ATTORNEYS AT MALLON & TRANGER
We offer a free initial consultation to anyone who has suffered any type of loss or injury as a result of the carelessness or negligence of another person. To set up a meeting, contact us online or call us at 732-702-0333(toll free at ) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.