Suing The Employer Twice
involves an employer who happens to also be a third party tortfeasor
responsible for the employee’s injuries. As an example, the employer
might be a car dealership where an employee becomes injured from
driving one of the cars and the employer happens to also be the
manufacturer of the defective automobile component.
states, the employer is first, liable to the employee for benefits
under the Workers’ compensation statute, in the shoes of the employer,
and second, potentially liable for common law damages, in the shoes of
the manufacturer. The dual role of innocent employer/guilty third
party exposes the employer to dual liability (even though the employer
will be reimbursed for the amount paid in statutory benefits).