What rights/responsibilities do we have if our employee was in a car accident?
Question Details:Own small business. Employee rear-ended in our company van. Other driver completely at fault. My employee taken to hospital by ambulance, and out since (almost 3weeks). Our van towed and my insurance company totals our van offering us very small amt. Have been w/out van and employee since, costing me about $3000/day in lost business. My workmans comp insurance is paying the employees medical bills and lost time and says our rates will increase due to claim. Not at all our fault but three different insurance company's, 1 employee and his lawyer, other driver's, all involved, still costing us the most.
If you have been injured as a result on another person's negligence you should be able to bring a suit against them to recover your "damages." BTW your employee has an independent suit against the offending party as well. If he recovers compensation it should include the money WC has paid on his behalf. I do not know, off hand, whether your WC rate will go back down if they recover the money they paid out from the third party. It would seem like it should.
As the last poster suggested you should see an attorney. The devil resides in the details and it is impossible to give you guidance based solely on the limited information provided in your posting.
Theodore J. Koban
Attleboro, MA
I am a lawyer in CT and practice in this area of the law. The at fault driver's insurance company is going to be responsible for paying for the damages to your van and any physical injuries (pain suffering) that your employee suffered. I suggest that you hire a lawyer to represent your company in this matter. the lawyer will work to obtain compensation from the at fault driver's insurance company. You may be limited however, to recovering your business losses unless you can prove them with reasonable certainly. Meet with a lawyer ASAP. most lawyers will meet with your for free the first time. bring your employee with you.
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