Injured at Work by Someone Else? You May Have Two Cases

Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” This article covers a situation that can significantly change the value of your case.

Here’s a scenario many injured workers don’t realize they’re in. If you’re hurt on the job, but the person who actually caused your injury is a third party — someone other than your employer or a co-worker — you may have two separate cases at the same time. That distinction can substantially affect your total recovery.

If you’re injured in the scope and course of your employment, your employer is on the hook for workers’ compensation no matter what — even if the injury was partly your own fault. That’s the first case. But if a third party caused the injury, you also have a separate tort claim against that party. That’s the second case.

A common example: your boss sends you on an errand in a company vehicle. On the way, another driver runs a red light and slams into you. Because you were at work doing work things, you have a workers’ compensation case. And because someone else caused the crash, you also have a completely separate injury case against that driver.

The two cases are valued very differently. In the workers’ compensation case, you recover past and future medical care and lost wages, plus expenses — but nothing for pain and suffering. In the third-party case, your damages are measured by Nebraska’s civil jury instructions (NJI2d 4.00 and 4.01) and include the full range: medical bills and lost wages, but also pain and suffering, mental anguish, emotional distress, inconvenience, loss of consortium, and loss of enjoyment of life.

Not entirely. Because the workers’ compensation carrier paid benefits for an injury someone else caused, it has what’s called an equitable subrogation interest — meaning it’s entitled to be paid back some of what it spent out of your third-party recovery (Neb. Rev. Stat. § 48-118). How much it gets back depends on what it paid and how much it helped bring about the recovery.

None of this is simple, but it is understandable — and it’s exactly why coordinating the two cases matters. Handled together by an attorney who knows how the work comp claim and the subrogation interest interact, the goal is to maximize what actually ends up in your pocket.

If you’ve been injured and want an honest assessment of what your case may be worth, the attorneys at High & Younes can help. Consultations are free, and we commonly work on a contingency fee — no upfront cost to you.

Call or text us today at 402-933-3345.