A person involved in a motor vehicle accident while in the scope of his or her employment can resort to the workers compensation system for first party benefits and, in the event of a serious injury, can also bring an action against the at-fault driver.
Workers Compensation Law: Section 29 authorizes an employee injured on killed on the job to both collect Workers Compensation benefits and pursue an action against the wrongdoer, but with several important strings attached:
- The Workers Compensation carrier has a lien against proceeds recovered from the injured tortfeasor, except in an automobile accident for the first $50,000 in benefits that no-fault would have ordinarily paid had the patient not been hurt in the course of his employment;
- The employee must notify within 30 days the Board, his employer and the carrier of his/her pursuit of a third-party action;
- Any third-party action cannot be settled without the written permission of the workers compensation carrier;
- If the at-fault party is a co-employee, the injured party is limited to the worker’s compensation remedy and cannot bring an action against the co-employee or the employer.