Michigan City Indiana car accident lawyer explains how it works if you're injured in a car accident on the job.
I recently received the following question:
I'm a delivery guy for a company and I was injured in a car accident while on the job. I've been seeing a worker's compensation doctor and comp has been paying my wages but it is much less than my regular wage – can I file a claim against the other driver?
I would like to rephrase the question:
If you're injured on the job by a third party – do you have the right to bring a claim against that party or are you stuck with worker's comp?
The answer is – yes you have a right to bring a claim against the third party – if they are not a fellow worker. This is how it works. You will go through your worker's compensation claim and when your treatment is done – a claim can be filed against the third party's insurance company.
In this example, a claim can be filed against the other driver's car insurance. If you are successful in bringing your claim – worker's compensation will be expecting repayment of the expenses that it paid for your medical care and wage loss. This is called subrogation.
Subrogation issues can become very sticky and is one of the main reasons you should probably hire a lawyer.