Kim Kardashian was sued Tuesday by the workers’ compensation carrier, Applied Risk Services, for a company that employed a man who says he was injured in a 2014 Beverly Hills collision involving a car driven by the reality star.
Applied Risk Services Inc. filed the lawsuit in Los Angeles Superior Court, seeking unspecified damages.
Linares sued Kardashian in a separate complaint filed March 1, which says the crash occurred on Sunset Boulevard near Benedict Canyon Drive on March 11, 2014. Linares has had to seek medical care and his car was damaged and is now worth less than before the collision, according to his court papers.
The Applied Risk Services suit seeks recovery from the 35-year-old Kardashian of all workers’ compensation benefits paid to Linares as a result of his injuries from the accident.
In the state of Georgia, there are certain workers’ compensation benefits that you are entitled to such as: rehabilitation, medical treatment, prescription medication. It is possible to file both a personal injury and a workers’ compensation claim to seek benefits against the at-fault driver and your employer’s workers’ compensation insurance. In many cases, workers can recover damages from a third-party claim in addition to filing for workers’ compensation benefits.
However, under Georgia law, an employer can successfully defend against a workers’ compensation claim by showing that – at the time of the incident – the worker was engaged in activities that were not within the “scope of employment.”
For example, an employer may argue that the employee was driving to or from work at the time of the accident, and thus the employer is not liable because these are not specific work activities. Or the employer may argue the employee was driving to lunch and not performing work-related activities.
In many cases, a third-party action is warranted – which can help offset some of the financial damages not covered by the workers’ compensation statute.
For help with your claim, contact the Law Offices of John Morrison today: 770-951-8900.