Workers Comp Benefits for Injuries Sustained In a Car Accident Involving a Co-Employee's Vehicle
Can an Employee Who has Received Workers' Compensation benefits Also Claim Uninsured Motorist Benefits as the Accident Involved a Co-Employee's Vehicle ?
In Gardner v. Erie Insurance Co., 555 Pa. 59, 722 A.2d 1041 (1999), the supreme court addressed the question of whether an employee who sustained injuries in the scope of his employment and received workers' compensation benefits can, in addition, claim uninsured motorist benefits.
The court held that "an employee receiving worker's compensation benefits for injuries sustained in an automobile accident involving a co-employee's vehicle and arising out of wrongful third-party conduct is not precluded by Section 205 of the Worker's Compensation Act from seeking uninsured motorist benefits from the co-employee's insurance carrier." Id. at 72, 722 A.2d at 1046.