Can I Recover Damages From Others If I am Hurt on the Job?

The answer to this question depends on the circumstances of the accident.  If the accident was no one’s fault, your fault, or the fault of a co-worker, then the answer is most likely no.  Worker’s compensation insurance is the exclusive remedy for any injury or death in those circumstances. 

 Let’s change the circumstances.  Assume that an employee was working for an Ontario trucking company.  While on the road, an accident results from the fault of another.  This traffic collision causes serious injuries.  The injured Ontario trucker can seek recovery from both his employer’s worker’s compensation insurance carrier as well as from the person who caused the accident.  However, in order to avoid a double recovery from the two insurance companies, once the Ontario truck driver recovers damages from the insurance company of the negligent driver, he is obligated to reimburse the worker’s compensation insurance company for the money it paid out on behalf of the injured worker.  This is called subrogation and indemnification.  Also, financial recovery that exceeds the amount received from worker’s compensation insurance can be used to offset future payments by the worker’s compensation insurance company.

 Having a personal injury attorney who honors your contractual and legal obligations to your insurance company is vital to preventing long term troubles and unexpected financial losses.  The Inland Empire Law Group understands these complex interaction between worker’s compensation and other insurance companies.  In any injury case, you should consult with a personal injury attorney to find out the extent of your rights.  Consult with the Inland Empire Law Group for an honest assessment of your rights.  (909) 481-0100