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CAN YOU FILE A WORKERS' COMPENSATION AND PERSONAL INJURY CLAIM?

Admin • January 16, 2019

An on-the-job accident that leads to an injury typically falls under the purview of Workers' Compensation. However, you may need more for your injury than you can obtain from a workers' compensation claim. You can file a personal injury claim as well, but only under specific circumstances. Here is how workers' compensation can work with a personal injury claim for the same incident.

Workers' Compensation and Personal Injury Are Not the Same

Accidents at work can happen at any time for any reason. Workers' compensation exists to help workers while protecting employers from lawsuits. Even if the accident at the workplace occurred because of negligence, workers' compensation will still represent how you obtain the funds you need for medical care and loss of work.

By contrast, a personal injury case involves an accident stemming from negligence that leads to an injury. When the fault isn't completely your own, you can press a lawsuit against any person or group involved in the chain of negligence leading to your injury.

Workers' Compensation Does Not Allow Damages for Pain and Suffering

Pain and suffering includes the physical and mental distress caused by an injury. For example, a broken bone comes with actual dollar amounts attached. You pay to have the bone treated and healed. You can calculate how much money you lose from lost wages and potential wages.

By contrast, it's hard to put a dollar amount to how much the injury affected your life in other ways. Did your injury cause you depression? Does your injury cause you pain affecting everything you do? Did the injury cause you to miss plans you made with your children or significant other?

These things fall under pain and suffering. Workers' compensation only pays out for damages that come with a dollar amount. If you feel you need compensation for pain and suffering, then your only option is to press a personal injury claim. Unfortunately, you cannot press such a claim directly against your employer.

Workers' Compensation Does Allow You to Pursue Further Compensation

A single incident can allow you to collect your workers compensation while also pursuing a personal injury claim. The most common way this works is through a third-party claim. If a third party holds any responsibility for your workplace accident, you can press a claim against that entity.

For example, if you fall from scaffolding on the job and suffer an injury, you can and should go through the workers' compensation process. If the scaffolding failed because a third party didn't erect it properly, you can pursue damages from the scaffolding company.

Third-party lawsuits require the third party to have a duty of care and verifiable negligence showing they violated that duty of care. You will have to prove negligence and negotiate with the third-party's insurance company.

Workers' Compensation Can Affect a Third-Party Lawsuit

A workers' compensation claim changes how a third-party lawsuit works. The insurance company that administers the workers' compensation can place a lien on damages awarded to you for a third-party lawsuit. Sometimes, the insurance carrier also files a lawsuit against the third party to recover funds used to pay for your workers' compensation benefits.

Depending on how the process plays out, you may have to return some of what you're awarded to the workers' compensation insurer. How this works depends entirely on your specific case.

Speak about the possibility of a third-party lawsuit with an attorney who knows both personal injury and workers' compensation law in your area. At Spooner & Perkins, P.C., we have decades of experience dealing with both types of claims. If you have questions about a workers' compensation claim, personal injury claim, or both, contact us immediately.

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If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.