Will I be awarded in both workers comp and civil case for having major injuries after being struck by a car while fighting a fire? 29 Answers as of February 06, 2013

I am a firefighter who was struck by a car while fighting a fire. I have major injuries now that require much care.

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Edward J. Achrem & Associates
Edward J. Achrem & Associates | Ed Achrem
You should be able to make both a worker's compensation claim and a claim against the at fault party. There may be certain worker's compensation restrictions that you should be aware of when doing so and it can be complicated. You should consult with an attorney regarding the details.
Answer Applies to: Nevada
Replied: 2/6/2013
The Law Offices of Mark Wm. Hofgard, Esq.
The Law Offices of Mark Wm. Hofgard, Esq. | Mark William Hofgard
Yes, you may be awarded both worker's compensation benefits and recovery via civil action as against third-parties (non-employers). Ariz. Rev. Stat. Ann. ? 23-1023 provides that: "A. If an employee who is entitled to compensation under this chapter is injured, killed or further aggravates a previously accepted industrial injury by the negligence or wrong of another person not in the same employ, the injured employee, or in event of death the injured employee's dependents, may pursue the injured person's remedy against the other person." It gets a little sticky when you are compensated and medical bills are paid through worker's compensation insurance. The employee will need to provide written notice of the intention to bring the third-party claim to the insurance carrier, and provide periodic notice of the status and pleadings filed in the separate lawsuit. The insurance carrier or employer may intervene in the lawsuit to protect their interests. The insurance carrier and employer have a lien as against recoveries made against the third-party for benefits paid. Also, settlement compensation for less than the amount of benefits paid by the insurance carrier cannot be made without its consent.
Answer Applies to: Arizona
Replied: 1/19/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Fire rescue workers in Iowa are under a different compensation system for work related injuries, but you can recover for a separate tort, meaning the car accident. You will need a lawyer to pursue the separate claim. If we can help let us know.
Answer Applies to: Iowa
Replied: 1/19/2013
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
You should contact an attorney to discuss this case. You would definitely have a worker's compensation action as being injured while on the job and you should be able to sue the driver for hitting you.
Answer Applies to: New York
Replied: 1/19/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
In Ohio, you can be awarded damages in a civil suit that already been paid or awarded to you as part of a worker's compensation claim. However, the BWC has an automatic statutory right of subrogation that requires you to reimburse it if and when a settlement is reached or judgment rendered in your favor.
Answer Applies to: Ohio
Replied: 1/16/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You clearly have a workers compensation claim. If the driver of the car was negligent you also have a third party claim which will be a much bigger award. Under workers comp law they get paid back most of their payments when the car case settles.
    Answer Applies to: Connecticut
    Replied: 1/16/2013
    The Hilt Firm, llc
    The Hilt Firm, llc | Matthew L. Hilt
    I would expect that you will be entitled to worker's compensation. There is also a possibility that you could recover from the owner of the building based upon the cause of the fire and how you were injured.
    Answer Applies to: Georgia
    Replied: 1/16/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    You do have a case for personal injuries in a civil case against the driver of the vehicle, and for workers' compensation against your employer. You should contact a workers' compensation lawyer who handles workers' compensation and personal injury matters.
    Answer Applies to: California
    Replied: 1/16/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    The Nevada Industrial Insurance Act ["NIIA"] covers injuries that arise out of and in the course of the injured claimant's employment. NRS 616C.150(1). If the nature of the work or the workplace contributes to or increases the risk of injury more than that of the general public, the injury is covered by the NIIA. The NIIA, with few exceptions, provides the exclusive remedy "for an employee on account of an injury by accident sustained arising out of and in the course of the employment." NRS 616A.020(1) (emphasis added). The statute defines an accident as "an unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury." NRS 616A.030. Of course what the NIIA really provides is a exclusive remedy for injuries as against the employer. However you might still have claims as against the tortfeasor (even if a co-employee or independent contractor of the employer) who hit you. Obviously you cannot "double recover" for the same injuries and medical expenses.
    Answer Applies to: Nevada
    Replied: 1/16/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    I think you are asking if you can double dip and the answer is "sort of". You will have both a comp claim against your employer and a third party claim against the driver of the vehicle that hit you (presuming they were at fault and you were free from fault). This is where the "sort of" part comes in. Your compensation carrier by law will be entitled to get its money back from your third party claim for all the comp and medical bills it pays. It's kind of complicated and with the major injuries you describe, if you don't have a lawyer, you need to get one.
    Answer Applies to: Alabama
    Replied: 1/16/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It is definitely possible. Of course you will have to prove your case as to liability and damages.
    Answer Applies to: Wisconsin
    Replied: 1/16/2013
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    You may have both worker's comp and a claim against the driver. Find a local attorney to discuss the case.
    Answer Applies to: Illinois
    Replied: 1/16/2013
    Shean Law
    Shean Law | John Shean
    Some Indiana firefighters are not covered by worker's comp, you should ask your employer. If you are covered by work comp, then you are entitled to recover all the work comp benefits and all the damages covered under the other person's auto insurance. However, you cannot settle your personal injury claim before you finalize your work comp claim. Indiana has a lot of personal injury attorneys and very few worker's comp attorneys. I suggest you contact an attorney that handles both types of cases to make sure that whatever you do with either claim does not negatively affect the other claim.
    Answer Applies to: Indiana
    Replied: 1/16/2013
    Pingelton Law Firm | Dan Pingelton
    Yes, and you should see an attorney for both of those claims.
    Answer Applies to: Missouri
    Replied: 1/16/2013
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    Yes, you can receive worker's comp benefits and maybe a lump sum settlement, as well as bodily injury liability benefits from the at-fault driver's insurance (if they had any), and PIP and uninsured motorist coverage from your auto insurance. The worker's comp carrier can assert a lien against your third party settlement.
    Answer Applies to: Florida
    Replied: 1/16/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can file both a workers comp case and a lawsuit against the driver who hit you.
    Answer Applies to: South Carolina
    Replied: 1/16/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes, you can pursue both workers' comp and a civil claim against the third party. Be aware, however, that the workers' comp insurer is likely to pursue subrogation against your third-party recovery for the money it has paid to you and for your medical treatment. You need a good lawyer.
    Answer Applies to: Texas
    Replied: 1/16/2013
    Toivonen Law Office | John Toivonen
    When an injury occurs at work generally Worker's Compensation handles the damages. It sounds like you were at work so Worker's Compensation should apply.
    Answer Applies to: Michigan
    Replied: 1/16/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Workers comp will pay for your medical care but it will expect to be reimbursed by the insurance for the driver who caused the accident.
    Answer Applies to: Florida
    Replied: 1/16/2013
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    Yes, but there will likely be offsets (credits) taken by WC for $ received from car insurance. You may be able to stop some of the offset through efforts of a lawyer experienced in both WC and 3rd party cases.
    Answer Applies to: California
    Replied: 1/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    But you may have to pay back the worker's compensation portion to the extent the person who hit you pays them. You are not entitled to a double recovery. However, let's say you got $20,000 from worker's comp along with payment of $50,000 of bills. The jury awards you $250,000 because they can give you pain and suffering. You pay your attorney $100,000 and $70,000 back to worker's comp. You are still $80,000 to the good.
    Answer Applies to: Idaho
    Replied: 1/16/2013
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Work comp., yes. Maybe the driver will blame you for stepping in front of her car. You need a lawyer to sort out the car claim.
    Answer Applies to: Montana
    Replied: 1/16/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can, but nothing is automatic. You need to contact a personal injury lawyer in your area. The matter may seem clear-cut, but there are undoubtedly complications of which you are unaware. Also, depending on your injuries and other factors, detailed research, investigation and analysis is required to make sure you get the appropriate recovery.
    Answer Applies to: New York
    Replied: 1/16/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have 2 separate cases. You will be paid for your injury in the course and scope of your duties. The car insurance company will be responsible for your injuries but if you take a settlement from them you will have to give the comp carrier some reimbursement for some of the funds they paid (not all, but some) you don't really get paid twice for the same damages. But with the 2 claims alive you are likely to be properly compensated. Get you a good PI lawyer.
    Answer Applies to: North Carolina
    Replied: 1/16/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    You have what is known as a third-party workers' compensation claim. This means that you receive workers' compensation benefits and have a claim against the third party who negligently caused your injuries. Depending on circumstances, the workers' compensation insurance company may be entitled to reimbursement from your recovery from the third party for the amount of benefits paid on your behalf in the workers' compensation claim.
    Answer Applies to: North Carolina
    Replied: 1/16/2013
    Edward D. Flint  PLLC
    Edward D. Flint PLLC | Edward D. Flint
    Your first line of help is your workers compensation coverage, and you can get a rating and a lump sum from them as well as pursue your third party claim against the at-fault driver. You will be required to reimburse a large portion of what the workers comp coverage pays you out of anything recovered from the driver, but if your injuries are severe and they have insurance, it is worth it to pursue that claim.
    Answer Applies to: Utah
    Replied: 1/16/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You normally don't get both. Usually get more money from accident case. You will have to pay back worker's comp. if they paid benefits and medicals.
    Answer Applies to: Alabama
    Replied: 1/16/2013
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