When a person is injured or killed during an automobile accident, the most obvious form of legal redress is a negligence action against the at-fault driver. However, an east Texas auto accident lawsuit may not be the only remedy in some cases – or it may not be a remedy at all.
Take, for example, the case of a person who is hurt or killed while on the job. In such a situation, the injured individual (or his or her family, if it is a fatal accident) may also opt to file a workers’ compensation claim. If a third party claim against a negligent motorist is ultimately successful, the workers’ compensation insurer may be entitled to subrogation for monies paid out, but, in the meantime, the family may receive disability or death benefits that would otherwise be unavailable.
A workers’ compensation claim might be the only option in some such cases, however, especially if the accident was a single vehicle accident or if the employee was clearly at fault in the wreck (and thus unable to bring a third-party claim against another driver). Continue Reading