Work & Third Party Injury
This is an example of how an employee can have two separate claims arising out of a work related injury if another individual or company was negligent in causing the accident and resulting injury. An employee of a large health insurance company was walking to the elevator after work when she was caused to slip and fall onto the ground. The area of the hallway was being renovated and the existing floor was covered with cardboard to protect the carpeting. Unfortunately, the cardboard was held down with blue painter's tape which broke easily when walked upon. As she was walking to the elevator, her foot caught underneath one of the loose cardboard pieces and she fell hard to the ground fracturing her left femur. After several surgeries involving the placement of hardware at the site of the fracture, she made a slow recovery.
The case was settled for a substantial amount of money with the third party insurance carrier. In addition the existing workers' compensation lien for payments made to her for temporary total benefits and for her medical care was negotiated with the workers' compensation carrier in order to pay only a reduced part of the lien, yet keep her medical care open for life.