If I was working when I was in a car accident, can I collect workers’ compensation and still sue the driver who injured me?
Those who sustain on-the-job injuries cannot sue their employer. Instead, they are entitled to receive workers’ compensation benefits. However, in some cases, you may be able to sue a third party whose negligence caused your injury.
A third-party claim cannot be brought against your employer or a co-worker. You can only sue somebody who does not work for your employer.
So, for example, if you were driving as part of your work duties and were struck by a forklift driven by a workmate, you could not sue him or your employer. However, if the collision involved a contractor or another third party, it would be within your rights to file a lawsuit.
If your employer pays workers’ compensation benefits, your employer (or its insurance company) would be entitled to a portion of the damages that you recover through a third-party lawsuit equal to the amount that was paid to you in benefits.
By initiating a workers’ compensation claim, you can seek at least some income while your third-party injury claim is being pursued.
To learn more, please see our page on Workers’ Compensation Claims.
Posted in: Car Accidents