This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:
\n8.\tIf I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers\u2019 compensation coverage and a liability settlement?
\nAnswer:\tThe answer is yes although there may be a claim for subrogation made by the workers\u2019 compensation insurance carrier. If an employee is injured while working for an employer and their injury comes about as a result of the acts of a third party, the injured individual may obtain both workers\u2019 compensation benefits and liability insurance coverage to the extent the at fault defendant has such coverage. If a settlement is eventually obtained from the liability insurance carrier for the at fault defendant, the issue arises as to whether a portion of the settlement has to be repaid to the workers\u2019 compensation insurance carrier for the employer. The general law in Georgia is that there is no right of subrogation unless the injured individual is first \u201cmade whole\u201d for all of his\/her damages which includes complete compensation for pain and suffering, past, present and future, complete compensation for medical expenses past, present and future, and complete compensation for lost wages, past, present and future. Unless an injured employee is \u201cmade whole\u201d for all such damages, even if they have received workers\u2019 compensation benefits and a liability settlement arising out of a hypothetical automobile accident, the injured individual will not be required to repay his or her employer\u2019s insurance carrier for workers\u2019 compensation benefits received. In the context of a case where an injured individual is not made whole, there is no right of subrogation. Accordingly, in many cases, the employee injured on the job with a valid claim against a third party may receive both workers\u2019 compensation benefits and liability protection from the third party.<\/p>\n","protected":false},"excerpt":{"rendered":"
This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9: 8. If I am injured by a third party, but I am also working on the job at the time, am I entitled […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[44],"class_list":["post-1687","post","type-post","status-publish","format-standard","hentry","category-personal-injury-wrongful-death","tag-personal-injury"],"yoast_head":"\n