In some cases, an injury may arise out of and in the course of employment but it was caused by a third party’s actions. In this particular situation, the injured worker will have a workers’ compensation case and potentially a personal injury matter. In most cases, this scenario presents itself when a delivery person gets hit by a third party while working his regular job. In this situation , the employer would be responsible for the injured workers’ medical benefits and income benefits if warranted. Additionally, the injured worker may have a cause of action against the person who caused the car accident. However, the workers’ compensation carrier may look for reimbursement against any recovery the injured worker may have against the third party. This is sometimes called subrogation.
At Ramos & Law we are well versed in subrogation as well as maneuvering the multi-claim process involving workers’ compensation and a personal injury case. For more information and your free consultation, please contact Ramos & Law today.