When a worker is injured in a car accident while on the job, he or she may be able to proceed with a typical car accident lawsuit against the at-fault driver in addition to any workers’ compensation benefits received. However, this may add complexity to the matter with respect to the issue of reimbursement to the employer’s insurance carrier.
In Berrey v. Travelers Indem. Co. of Am., plaintiff was injured in a car accident while at work. The at-fault driver did not work for the same company as plaintiff and had liability coverage on his automobile. However, his coverage limits were lower than the total amount of damages suffered by plaintiff.
Plaintiff applied for workers’ compensation benefits and received partial compensation from employer’s insurance company. Due to the fact that plaintiff’s employer was in no way responsible for the accident, the law required plaintiff to reimburse employer’s insurance company for any financial recovery from negligent driver’s insurance company.
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