Filing A Workers’ Compensation And Personal Injury Claim For The Same Injury

We help clients with workers’ compensation and personal injury claims every single day, and in the vast majority of instances, a client is typically filing one or the other. Workers’ compensation is designed to offer protections for employees injured during the course of their job, whereas a personal injury lawsuit is reserved for situations where someone else’s actions or negligence directly contributed to your injuries. Even if someone else played a role in your work injuries, oftentimes you’ll only be eligible to file a workers’ compensation claim.

With that said, there are instances where a work accident may warrant the filing of a workers’ compensation claim and a separate personal injury lawsuit. We take a closer look at the niche situations where you may be eligible for a double lawsuit in today’s blog.

Filing Both A Work Injury Claim And A Personal Injury Claim

Workers’ compensation should always be the first line of recourse for employees who are injured during the course of their work duties. It is a no fault system, meaning you don’t need to flesh out an airtight case that showcases how someone else caused your injuries. All you need to prove is that you were injured during the course of your work duties and as a result, you suffered compensable injuries. Removing fault from the equation makes it much easier for you to earn an award.

On the other hand, the personal injury system is designed to offer compensation in the event someone else’s actions or negligence played a role in your injuries. Here, you need to prove that someone else’s action or inaction was the driving factor behind the onset of your compensable injuries. Proving fault is harder, but certainly not impossible.

So when might the two worlds collide? For starters, they can only both exist if the original injury occurs at work, otherwise you’re only looking at a personal injury claim. Secondly, someone else must have significantly, directly or negligently contributed to your injuries. Some situations where this may exist include:

Defective Equipment Injuries – If you were hurt at work by a faulty piece of equipment, you may have a workers’ compensation case with your employer and a personal injury lawsuit against the product manufacturer.

Car Accidents – Commutes to and from the office are not generally eligible for workers’ compensation, but if you are traveling for work or you’re heading between job sites and are hit by a driver who failed to stop at a red light, you would have the potential to seek damages through a workers’ compensation and personal injury claim.

Subcontractor Errors – If you’re working on a construction site or similar project and subcontractor error leads to your injury, you could have a workers’ compensation claim through your company’s insurance provider and a valid personal injury claim against another individual or the subcontractor business.

Toxic Chemical Exposure – Similar to a defective product claim, if chemicals or products used at your workplace make you sick, and it is revealed that toxic substance exposure played a role in your sickness or cancer, you could have legal recourse through workers’ compensation and a personal injury lawsuit.

Assaults – Finally, if you are physically assaulted at work by a co-worker or a customer, you may have grounds to pursue compensation through both avenues.

If you’re at all wondering which type of injury claim you should file, or you’re wondering if you qualify for both, connect with Dean and the team at Margolis Law Firm. We’ll review the facts of your case and determine the best path forward that maximizes your compensation potential. Let us guide you through the workers’ compensation or personal injury process, or both!

For more information on how we can help with your injury claim, give Dean and the team at Margolis Law Firm a call today at (952) 230-2700.