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Monroe County DOT worker hit by car at worksite

Leroy Morgan, age 68 of Rochester, was injured when struck by a car while setting traffic cones in a work zone.  Mr. Morgan was sitting in the back of a County pickup truck when the truck was rearended.  Mr. Morgan received massive injuries to his legs.

Because Mr. Morgan was on the job when the accident occured, he is entitled to Worker's Compensation benefits to cover his medical expenses and to compensate him for his lost wages.  He is also entitled to seek payment from the insurance company that insured the vehicle that ran into him, but only for the difference between the 2/3 wage reimbursement paid by Worker's Comp and the 80% paid by the insurance company for the driver who caused the accident.  Further, any medical expenses not paid by WC could be submitted to the auto insurer.

The critical issue for Mr. Morgan, if he pursues a case against the guy who ran into him, is that he not settle that case with the auto insurer without first getting the consent of Worker's Comp., as his failure to do so could give Worker's Comp a lien on the money he gets from the autoinsurer!