Visitor Question

Injured while driving for work, other driver was at fault, what’s my next step?

Submitted By: Anonymous (Idaho Falls, ID)

My boss and I were driving back to our office after finishing a photoshoot. On the way back, a semi-truck attempted an illegal u-turn using an emergency vehicle-only path. We were passing him at the time, so when he started the turn, we hit him. The driver was found at fault.

I went to the emergency room and did all the things necessary to get my worker’s compensation claim filed. That was about six months ago and I am now getting ready to start physical therapy to deal with chronic pain related to the accident.

I got a call the other day from the other driver’s insurance company asking about a settlement. Can I make a settlement without losing my worker’s compensation coverage of my treatment? This happened in Idaho.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

Referred to as “Third Party Subrogation,” a worker’s compensation carrier may seek to be reimbursed for the amount of benefits they paid to, or on behalf of an injured worker, when that injured worker receives payment from a third party. In car accidents, the third party is usually the at-fault driver’s insurance carrier.

Each state has its own statutes addressing third party subrogation. In Idaho, Section 72-223 (1) applies. Section 72-223 permits workers comp insurance carriers to be reimbursed by the injured worker on a dollar by dollar basis for any amounts the carrier paid to the worker, or on the worker’s behalf.

However, if you decide to pursue compensation from the at-fault driver’s insurance carrier, you will be able to retain any amount over and above the amount of compensation paid to you, or on your behalf, by your workers comp insurance carrier.

Because workers comp laws do not allow compensation to an injured worker for the workers’ pain and suffering, if you settle your claim with the driver’s insurance carrier, you will be able to retain any amount paid to you representing your pain and suffering (or other amounts in excess of that amount paid by your workers compensation carrier).

Learn more here: Car Accidents at Work

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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