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Pursuing workers’ comp and personal injury damages simultaneously

On Behalf of | Oct 3, 2024 | workers' compensation

You likely qualify for workers’ compensation benefits in the event that you’re injured while engaging in work-related activity. Under certain circumstances, however, you might also be able to file a personal injury lawsuit due to the negligence of a third party.

Comprehending the distinction between these two options and when it’s possible to pursue both at the same time can significantly affect the total compensation you may receive for your injuries.

Pursuing both claims: When is it possible?

Suppose you get involved in a work-related injury; you cannot sue your employer for personal injury due to workers’ compensation laws. Workers’ compensation serves as the exclusive remedy, meaning that as long as the employer carries workers’ compensation insurance, you cannot sue for additional damages.

That said, there are circumstances in which you can file both a workers’ compensation claim and a personal injury lawsuit. This often occurs when a third party, not your employer or a coworker, is responsible for your injury. These cases are commonly referred to as third-party claims.

For example, if you’re a delivery driver who was hit by a negligent driver while making deliveries for work, you can file for workers’ compensation through your employer. But because a third party (the negligent driver) caused the accident, you may also file a personal injury lawsuit against the driver.

Navigating the claims process

Concurrently pursuing workers’ compensation and personal injury claims can be complex because the two systems operate under different rules and have different requirements.

With workers’ compensation claims, proving fault isn’t necessary, but the compensation types are more limited. On the other hand, personal injury claims require establishing fault, though the compensation available is often more extensive.

Suppose you receive compensation from a third-party lawsuit; you may have to reimburse the workers’ compensation insurer for some of the benefits you received. This process is called subrogation, and it allows the workers’ compensation insurer to recover some of the expenses they covered if you receive a settlement or judgment from the third-party lawsuit.

In certain situations, you can concurrently pursue workers’ compensation and personal injury claims, especially if a third party is involved in causing harm. However, the legal processes for these two claims are distinct, and simultaneously navigating them can be challenging. Therefore, you can benefit from consulting with a skilled legal team to help ensure that your rights are safeguarded and that you maximize your compensation.

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