Idaho Law Blog
Not exactly. There is a common mistaken belief that the workers’ compensation system is your only recourse if you are injured on the job. It is true that workers’ comp is usually your only recourse against your employer if you are hurt on the job. But, if you suffer personal injuries on the job, you may still have a case if the responsible party is not your employer or a fellow employee.
For instance, suppose you are at work, driving a company vehicle to a job site, when a speeding drunk driver in a Yugo comes up fast behind you. Her brakes fail, and she slams into your rear bumper doing almost 100 mph. You suffer a whiplash injury.
Because you were on the job at the time of the accident, you are covered by workers’ comp. You will get the statutory damages for your injuries, regardless of whose fault the accident was. But workers’ comp payouts in Idaho are often not enough to fully compensate for personal injuries, so your lawyer may want to investigate whether there are other parties against whom you can make a claim. He will probably want to file a suit against the driver, who was negligent for driving drunk (and for driving a Yugo), and maybe against Yugo because of the brake failure. The workers’ comp laws do not prevent an injured employee from filing either of these suits.
If you are injured on the job, a team of good workers comp and personal injury attorneys can help you make the most of all the options available to you for fair compensation.