Suing Parties Other Than Employer
This is the scenario: you are injured at work
but the employer is not the only person at fault. Someone else is
responsible for your injuries, such as a co-employee. Who do you sue?
Can you sue twice? In a nutshell, both the employer, under the
Workers’ compensation statute, and the third party (e.g. the
co-employee), under common law, will be liable. However, the employer
has to break even and the employee cannot recover twice. This is
achieved via reimbursement. While the employer must pay workers’
compensation benefits, it will be reimbursed from the amount in common
law damages recovered by the employee from the third party. The
employee receives any excess of the damage recovery once the amount in
statutory benefits has been deducted. The methodology underlying this
system is known as subrogation.