Sometimes, drivers get hurt and there is someone else to blame for the accident. What happens then?
When you get hurt on the job, you are entitled to get worker’s comp benefits. These are paid by your employer or their insurance company regardless of who is at fault. The nice part about worker’s comp benefits is that they are (at least in theory) paid automatically, and allow you to keep food on the table and get access to quality medical care while you are off work.
The basic trade off for getting worker’s comp benefits is that you are not allowed to sue your employer or a co-worker if they are at fault for the accident where you were hurt.
However, that is not true when someone who is not yourself, your employer, or a co-worker is to blame for the accident. In that case you can pursue both a civil lawsuit AND a worker’s comp claim. You don’t have to choose.
You can actually recover many of the same kinds of things in a civil lawsuit that you get get as worker’s comp benefits (such as medical expenses), but those do not have to be paid out by the defendant in a civil lawsuit until the end of the case. In the meantime, your employer must continue to pay those benefits when they are due. However, you do not get to collect those benefits twice. You must pay those back to your employer at the end of the case.
Any case where there is both a worker’s comp case and a liability case is a complex kind of case where you you greatly benefit from getting the help of a well-qualified lawyer.
If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have. There is no obligation to hire our law firm, and there is no charge for the call.
I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this information.
We are here to help truck drivers after an on-the-job accident. Knowledge is power, and the first step in protecting your rights is to know what they are.