Question: I was injured in a car accident. I was working at the time. I am planning on suing the guy who hit me. I also am going to file for workers comp. Can I collect both? S.E., Central Pa.
Answer: Yes, you can pursue a claim for workers compensation benefits (medical expenses and wage loss) as well as a claim against the negligent driver who hit you. However, the workers compensatio insurance carrier can assert a subrogation right against the recovery you receive in the third party civil negligence case. In the event that you do recover a monetary award from the other driver, the workers compensation carrier will recoup a percentage of that award up front at the time of the third party monetary distribution. After that, the amount of benefits payable by the workers compensation carrier (both weekly wage loss benefits and medical expenses) will be reduced by a percentage until the compensation carrier recoups the money they have paid under your compensation claim. The amounts payable differ from case to case.
If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.
