If I was injured by company truck driven by my boss, am I able to sue his car insurer after I am done with workmans comp?
Question Details:
I was hit by my boss while he was driving a company truckwhile on the job. I have since filed for workmans' comp and gotten a lawyer. This was all 2months ago. From what I understand, he is lying and telling the workmans' comp company that I am lying. Therefore this has all been long and dragged out, and eventually will go to court. After all the workmans' comp settlement stuff is out of the way, can I go after his car insurance company as well, since he hit me due to negligence?
If you were hit by a car while driving in the course of your employment you have a worker's comp claim against your employer, and a third party claim against the driver (assuming that you were not at fault for the accident). There is no need to wait for the worker's comp claim to be over and done with before filing your negligence claim. Indeed, your should file the negligence claim now and prosecute that at the same time. I also suggest that you hire a new lawyer as it does not seem as if you have a very trusting relationship here, which is not healthy or good for you. You need to make sure you file your third party claim within 2 years of the accident so that you are not later barred from pursuing the claim.
