I was hit by a co-workers auto.I'm receiving workers comp. suing for under insured motorist. can this be done?
Question:
Answer:
If you are suing without a lawyer, good luck.
If you have a lawyer, why aren't you asking him/her?
Normally, workers' comp only applies to the employer's liability and prevents you from suing the company. It should cover everything but pain and suffering, and may cover some of that.
Whether you can go after the co-worker depends on whether you are in a "no-fault" state or not, and if you are, whether there was more than ordinary negligence involved.
You may also be in a state in which you will have to pay the WC insurer back if you win anything in the lawsuit, so it may not be worth suing (to you, that is).
Get a lawyer, they never take anything upfrount. Your lawyer will get every cent they can. They will take a chunk, but it will be more than you would get without one.
No both can not pay, you can recieve pay from the auto insurnace to pay for damges and loss of income or medical bills.
If you are already getting those paid, you have no clain with the other.
It is the same with your hospital insurance, they won't pay the doctor bills if it is a workers comp injury
Under insured drivers do have some insurance. Do get an attorney. You will have to pay that cost, but they will get what they can for you. If this occurred on company property, they may have to pay up also.
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