Legal Question in Business Law in Virginia

Ex-employee looking for money

a employee of ours was in a accident while at work not his fault a lady hit his truck. Now he no longer works for us and his atty is requesting copies of our Liability insurance. He has been paid by our workers comp for over a year and was working for us when he was well enough. The reason he no longer works for us is he did not show up for work for a week and we assumed he quit. He is trying to get money any way he can, I don't believe he can use our liability policy cause our company was not at fault and did not cause any of the damage. He is also trying to collect unemployment and is giving them false statements saying we fired him when in fact by the rules in our employee hand book he quit by not showing up or calling for 2 consec. days. The question is does he have any right to see our insurance coverage? I know that he can go after our auto policy and workers comp if the other driver did not have enough coverage but what about our liability? We have not had a atty yet in this matter actually did not think we needed one but thru the grape vine we heard that he may sue us?? Can he do that??


Asked on 7/28/06, 7:15 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Ex-employee looking for money

If the employee was covered by workers comp (and if he was paid by workers comp then presumably he was indeed covered) he is barred from collecting anything else. Workers comp is an exclusive remedy. Having been paid under workers comp, the employee cannot receive anything else (from you).

However, why isn't the attorney going after teh driver who hit the former employee?

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Answered on 7/28/06, 9:00 pm


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