Client Hit By State Entity Car
Client injured on the job - hit by a car driven for state entity. Can client elect between filing a comp claim or pursuing third-party governmental tort claim?
Answer: You cannot decline Work Comp and thereby have a GTCA claim. 51 O.S. Sec. 155(14) says the state shall not be liable for "Any loss to any person covered by any workers' compensation act or any employer's liability act;" Your client is covered by work comp whether a claim is filed or not. So, the bottom line is you cannot elect. You also cannot recover both and pay subrogation. I would think this also causes the tort-feasor to be uninsured so you can collect UM which, of course, will not be subject to work comp subrogation. So, your client may come out better than you would otherwise expect, assuming your client has UM.
Posted on Tue, August 25, 2009
by Sharon Coleman filed under