Can you file both workers’ comp and personal injury claims?

You may wonder whether you can file both airline workers’ compensation and personal injury claims after an injury at work. The answer often depends on your circumstances. Understanding your rights can help you consider what steps might be appropriate for your situation.

When might workers’ comp cover your injury?

Airline workers’ compensation generally covers injuries that happen on the job. It can provide medical care and wage replacement without requiring you to prove fault. For example, if you strain your back lifting luggage, slip on the tarmac or fall inside the airport, workers’ comp may cover your medical expenses and lost wages.

When could a third-party claim apply?

Cases may become trickier if a third party played a role in your injury. For instance:

• A driver operating a vehicle in the airport
• A contractor handling equipment
• A manufacturer of faulty gear

In these cases, California law may allow you to file a personal injury claim against the third party. A personal injury claim could provide additional compensation for pain, suffering or losses that workers’ comp might not cover.

How might both claims interact?

If a third party may be involved, it can help to understand how pursuing both claims could interact. In California, workers’ comp insurers generally have a right of reimbursement. This means that a personal injury settlement could take into account benefits you already received.

You might want to consider:

• Which workers’ comp benefits you have already received, such as medical care or wage replacement
• How a third party may have contributed to your injury and whether they share fault
• The potential financial recovery from each type of claim
• How a workers’ comp lien could affect your net personal injury settlement

Thinking through these points may help you evaluate your injury claim options depending on your circumstances.

Understanding your rights can guide your next steps

You have the ability to take control of your situation. Being aware that multiple options could exist allows you to make thoughtful decisions that may protect your recovery and financial wellbeing. Approaching each claim with careful consideration can help you pursue the outcomes that matter most to you.