If an employee is injured in a Louisiana car wreck while in the course and scope of his employment, he has not only a claim against his employer’s workers compensation insurer, but also has a third party claim against the other driver for that driver’s fault.
What if the other driver is uninsured or underinsured? The injured employee may then make a claim against his own uninsured motorist policy or even against his employer’s uninsured/underinsured motorist policy. However, the employer’s uninsured motorist insurance carrier may be entitled to a credit for the amounts the injured employee received from the employer’s workers’ compensation insurer. See Bellard v. American Cent. Ins. Co., 980 So. 2d 654 – La: Supreme Court 2008