ACCIDENT ON THE JOB? CAUSED BY SOMEONE ELSE?
Hibu Websites • March 31, 2021
ACCIDENT ON THE JOB? CAUSED BY SOMEONE ELSE?

28 Nov, 2018
ACCIDENT ON THE JOB? CAUSED BY SOMEONE ELSE?
A caller to our office wanted to know their rights when involved in an accident while on the job, but caused by someone other than their employer or co-employee.
An injured worker cannot normally file a civil action against their employer for personal injury sustained on the job, and must use the workers' compensation system only. Often, however, a worker is injured as the result of the action of a person or company not connected to the workers employer. Car, construction accidents and faulty equipment causing injury are the most common examples of these types of third-party claims.
The injured employee would receive workers' compensation benefits from the employer, and also have the right to pursue a claim for damages against the person or persons causing the accident who are not connected with the employer. This claim is a civil action for personal injury and allows the injured employee to recover damages that are not available under workers' compensation. Damages for pain and suffering & past and future lost wages are available in the civil action, and not part of the workers' compensation claim.
The employer and its' workers' compensation insurance carrier have subrogation rights to any damages the employee recovers from a third party. The employer and insurance carrier also have the right to bring the action against the third party if the injured employee does not do it after notice to recover what was paid out under the workers' compensation system. As with any case, prompt investigation is needed to secure accurate information and protect your rights!

When it comes to car insurance, many people think primarily about liability coverage—insurance that covers others if you’re at fault in an accident. However, underinsured motorist (UIM) coverage is equally important, as it protects you if an accident leaves you injured by a driver with inadequate coverage. What is Underinsured Motorist Coverag e? Underinsured motorist coverage is designed to safeguard you and your family from the financial burden of an accident caused by a driver who doesn’t have sufficient insurance to cover your damages. Here’s how it works: Imagine you’re at a local Des Moines sports event. After parking, you’re walking across the lot when a vehicle accidentally hits you, causing injuries. If that driver has no insurance or only minimal coverage, their policy may fall far short of what you need to cover medical bills, lost income, and other expenses. Underinsured motorist coverage on your own policy steps in to fill the gap, helping you recover the full amount necessary to cover your damages. This protection applies whether you’re in your vehicle or, as in this example, outside of it—what matters is that your injuries resulted from the actions of an underinsured driver. How Much Underinsured Motorist Coverage Should You Carry? The amount of underinsured motorist coverage you carry is a personal choice, but it’s worth considering a higher limit. In Iowa, insurance companies are allowed to sell this coverage with a minimum limit of $20,000 per person. However, relying on minimum coverage could leave you financially vulnerable in a serious accident. Insurance agents often recommend high liability limits to protect others in case you cause an accident but may suggest lower UIM coverage to keep your costs down. Yet, underinsured coverage is specifically for your protection and the well-being of your loved ones. It doesn’t make much sense to carry more coverage for others’ injuries than for your own, yet this is common due to the way policies are structured. Reviewing Your Policy: Are You Adequately Protected? Take a moment to review your policy or discuss it with your agent to ensure you’re not underinsured. Here are a few questions to consider: • Does my underinsured coverage match my liability coverage? If not, you might want to ask why, especially if your liability limits are significantly higher. • Would my current underinsured coverage be enough in a serious accident? Consider your financial situation, family needs, and potential medical costs to make sure your coverage is sufficient. If you find that your uninsured/underinsured coverage is significantly lower than your liability coverage, it might be time to ask questions and re-evaluate your options. Prioritizing adequate underinsured motorist coverage is an investment in peace of mind, ensuring that you’re better protected, no matter who is at fault in an accident.
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