Can I sue the shuttle driver if I was working when it hit us?

Q: Can I sue the shuttle driver if I was working when it hit us?

No - the common answer, "workers' comp is your only option," is wrong in Utah if someone other than your employer or a co-worker caused the crash. If your employer sent you through Ogden for work and a hotel shuttle hit you near Washington Boulevard or the I-15/12th Street interchange, Utah law usually splits the case into two tracks. First track: workers' compensation. If the crash happened in the course of your job, comp is generally the exclusive remedy against your employer under Utah Code § 34A-2-105. That means you usually cannot sue your employer for negligence over the same injury. Comp should cover approved medical treatment and wage-loss benefits without proving fault. Second track: a third-party injury claim. Under Utah Code § 34A-2-106, you can sue the negligent non-employer - for example, a hotel shuttle driver, another motorist, or a separate company that caused the wreck. That is true even though you were on the clock. The practical rule is simple: Can't usually sue your employer Can sue the outside driver or company Can pursue both workers' comp and the third-party claim at the same time That matters in Utah because comp does not pay everything a lawsuit can. A third-party claim may include full lost wages, pain and suffering, and other damages comp does not provide. Watch the deadlines. A Utah personal injury lawsuit is generally due within 4 years under Utah Code § 78B-2-307. Your work injury should also be reported to the employer quickly; Utah's outside limit is generally 180 days. If comp pays your bills first, the workers' comp carrier usually gets a reimbursement interest from any third-party recovery. If Medicare made conditional payments, those must also be addressed before you keep settlement money.

Question

Accepted Answer

No - the common answer, &#34;workers' comp is your only option,&#34; is wrong in Utah if someone other than your employer or a co-worker caused the crash. If your employer sent you through Ogden for work and a hotel shuttle hit you near Washington Boulevard or the I-15/12th Street interchange, Utah law usually splits the case into two tracks. First track: workers' compensation. If the crash happened in the course of your job, comp is generally the exclusive remedy against your employer under Utah Code § 34A-2-105. That means you usually cannot sue your employer for negligence over the same injury. Comp should cover approved medical treatment and wage-loss benefits without proving fault. Second track: a third-party injury claim. Under Utah Code § 34A-2-106, you can sue the negligent non-employer - for example, a hotel shuttle driver, another motorist, or a separate company that caused the wreck. That is true even though you were on the clock. The practical rule is simple: Can't usually sue your employer Can sue the outside driver or company Can pursue both workers' comp and the third-party claim at the same time That matters in Utah because comp does not pay everything a lawsuit can. A third-party claim may include full lost wages, pain and suffering, and other damages comp does not provide. Watch the deadlines. A Utah personal injury lawsuit is generally due within 4 years under Utah Code § 78B-2-307. Your work injury should also be reported to the employer quickly; Utah's outside limit is generally 180 days. If comp pays your bills first, the workers' comp carrier usually gets a reimbursement interest from any third-party recovery. If Medicare made conditional payments, those must also be addressed before you keep settlement money.