Generally speaking, when an injury occurs during the course and scope of employment, the only recourse an injured worker has is a worker's compensation claim. The only exceptions are when the negligence of a third party caused the injury or if you can prove that the employer intended to injure the employee.
THIRD PARTY CLAIM
The most common third party claim we see is a motor vehicle accident that occurs during the course and scope of employment. If one is involved in a motor vehicle accident that is a result of another drivers' negligence, they have the right to pursue an insurance claim against the negligent party. This is in addition to the worker's compensation claim.
The most common third party claim we see is a motor vehicle accident that occurs during the course and scope of employment. If one is involved in a motor vehicle accident that is a result of another drivers' negligence, they have the right to pursue an insurance claim against the negligent party. This is in addition to the worker's compensation claim.
SUBROGATION RIGHTS IN WORKERS COMP
The BWC (or self insured employer), however, does have a subrogation right in any recovery gained from the third party. This means that the injured worker must pay back the BWC (or self insured employer) at least what they have paid in the claim worker's comp claim.
INTENTIONAL TORT
An intentional tort is an extraordinarily difficult claim to pursue and has been the cause of much litigation and statutory changes in the law over the years. Under the current law, we must prove that the employer intended to cause injury to their employee.
An intentional tort is an extraordinarily difficult claim to pursue and has been the cause of much litigation and statutory changes in the law over the years. Under the current law, we must prove that the employer intended to cause injury to their employee.
EMPLOYER INTENDED CAUSE OR INJURY- EXAMPLE
The most common example of this would be if an employer intentionally removes a guard on a piece of machinery and that results in the employee's arm being pulled into the machine. This type of an injury often results in an amputations of fingers, hand or even the entire arm. These cases are not only difficult but extremely costly to pursue. Generally speaking these cases are only worth pursuing if there is a significant injury.
