Legal Question in Workers Comp in Pennsylvania
Bodily injury claim
Can one who is driving a company vehicle under the scope of his/her employment who is involved in an auto accident with a drunk driver who struck him/her in the rear file a bodily injury claim against the other party for injuries or not. I understand that workers comp will obviously subrogate for the medicals, but what about the injuries. Isn't this person able to obtain a bi settlement from the other party's carrier for injuries? Thank you.
2 Answers from Attorneys
Re: Bodily injury claim
you can file a claim against the striking vehicle, not against your employer.
Re: Bodily injury claim
Yes, absolutely. You're entitled to claim damages for your pain and suffering, and all other damages such as the full amount of your lost earnings.
This happens all the time; it's a big part of my firm's practice, representing people injured at work.
The effect of the auto insurance law also comes into play, for example, if you had limited tort on your insurance.
It's also sometime possible to collect uninsured or underinsured motorist coverage from a worker's own auto insurance. ALso, some additional wage loss benefits (the difference between the 80% under your auto insurance, and the 2/3 paid under comp).
Coordinating all these possibilities is why you should consult your own attorney.
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