Work-related Motor Vehicle Accident | Can I Collect Workers’ Compensation and Still Sue the Other Driver?

If you are driving as part of your job and get into a car accident that isn't your fault, you may be able to sue the other driver in a third-party lawsuit.
Date: March 18, 2022

Question: I was injured in a car accident. I was working at the time. I am collecting workers’ compensation. But I’d like to sue the other driver who caused this accident. Can I sue the other driver and still collect workers comp?

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’ compensation 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 upfront at the time of the third-party monetary distribution. After that, the number 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.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.