Can I Claim against my employers because a fellow employee caused my injuries?

Question

hi,

i'm a delivery driver, at work another employee drove into the back of me & caused me to get bad back injuries. can i claim against my fellow employee as it wasn't my empliyers fault?

any help would be very much appreciated.

Answer 1

Non-lawyers need to stop giving legal answers.  From a lawyer:  You have a workers comp claim against your employer and a third party liability claim against the worker on his auto insurance policy.  Further, you have another claim against your own auto insurance for med pay, PIP and uninsured motorist.  Uninsured Motorist coverage is also under-insured coverage.  It can be stacked on top of the at fault drivers auto coverage.  You need a lawyer to obtain the full amount that the law entitles you to.  Don't listen to any crackpots who tell you that you are wrong to pursue your legal damages.  A good national law firm is www.ogletreeabbott.com.  They handle cases all over and they're good.

Answer 2

Your fellow employee is covered by the company you work for, so chances of suing the employee is slim.  The company has much more money than you fellow employee and they have insurance to cover claims.  Also, if you're out on workers comp, make sure you're not doing anything that could be considered in conflict with your injury.  You may feel your claim is legitamate, but that doesn't mean there won't be a private investigator conducting surveillance on you on behalf of the company's insurance carrier.  

Answer 3

if worker's comp decides that your company didn't do anything wrong in your injury and refuses to compensate you, then you could try suing your co-worker

Answer 4

YOUR EMPLOYER IS RESPONSIBLE NOT THE DRIVER ,EVEN IF THE DRIVER WAS AT FAULT

Answer 5

  The only way I can think of for you to place any blame on your employer is if you can prove that the other employee had a history of negligent driving while under their employment and they continued to employ him anyway.  

Answer 6

You are covered by your company's work comp policy.  Report the injury to your supervisor immediately.  Your employer is liable for injuries caused by other employees as long as you are doing something job related.

You also have a claim against your co-worker but it probably isn't worth much unless they are independently wealthy.  Stick w/ comp.  If the co-worker was a known menace, you may even have a claim against your employer outside of comp but those sort of claims are very difficult to make.