posted situation in auto accidents

[ellencee]

What is the name of your state? this forum
Beth3
Will you review this thread, if you have time, please. It is in the auto accident section at the top of the forum. The original poster is 'poondog'. I am interested in your answer. Thank you, EC

lawsuit
What is the name of your state? ny.....while working i was hit by a car......out of work 8 months so far. complete reconstruction of the knee and still doing therapy for torn ligaments and tendons in the back and hip. what would be the best way to go? workers comp or a lawsuit. driver only has 100k? and workers comp will go after that for medical expences right?. driver was ticketed.
i'm losing a ton of money.

 

[Beth3]

I recall responding to that yesterday, I believe. I don't recall which Board it was under though - he may have posted it in multiple spots.

In any event, I told poondog to consult with an attorney. Worker's comp vs. filing a lawsuit is not an "either/or" choice. Whether he can sue the driver over and above receiving the appropriate W.C. benefits for his injuries as mandated by state law, I don't have an answer for.

It's possible the employer/W.C. carrier would be able to sue the driver if he was at fault or at least subrogate the claim through his auto insurance company to recoup their actual expense.