Typically in the event of a work-related accident, a worker’s only recompense is workers’ compensation. There is an exception if there is third-party liability (i.e., someone other than the employer was at-fault). But if the work-related injury was the result of a motor vehicle accident and if the employer paid for auto insurance coverage, it is possible employees might also be able to pursue a claim from that insurer for the injuries. It will depend heavily on the terms of the policy.
Recently in a case decided by the Oklahoma Supreme Court, the question was whether an employer’s uninsured motorist carrier is entitled to subrogation on an under-insured (third-party) at-fault driver’s assets – including excess insurance coverage – for the amount previously paid to the injured party. The court answered no.
The case illustrates how complex these claims can be when they involve commercial vehicles (which tend to cause more damage, and thus, more severe injuries) and large companies. Continue reading →