When to file a personal injury lawsuit with a workers compensation claim

By Alexander D. Napolin, Esq. | October 8, 2019

If you ever were injured while on the job, do you ever ask yourself what you should do next? Do you ever ask what type of claim you should file? Should you file a workers compensation claim or a personal injury lawsuit? Did you know you may be file both claims at the same time?

Misconceptions People have about third party personal injury claims and workers compensation cases

You may file a workers compensation claim for the injuries you sustained at work, while simultaneously filing a personal injury case against a negligent party. Many people think this will help them recover twice for the same damages. For example, if workers compensation covered your medical expenses, you will not be able to recover medical expenses under the personal injury case.

Instances when workers may file a personal injury lawsuit along with a workers compensation claim

It is not always the case where workers file both claims at the same time and for the same injuries. But there are instances when a personal injury lawsuit applies to work injury claims. In this case, you may be able to file a personal injury case against the at-fault party or parties. Here are some examples:

if your work injury resulted from a product defect. In this case you may file a workers compensation claim given you were injured at work. But you can also file a personal injury lawsuit against the product manufacture; or any other party responsible for the negligence that led to your injuries.
although not very common, if you can prove that your employer acted intentionally in a way to cause you serious harm or death, then you may file a lawsuit against your employer alongside your workers compensation claim.
If a substance was involved whether toxic or illegal, you may file a personal injury lawsuit for your injuries.

Whenever an injury that took place at work but resulted due to a negligence of a third party, you are entitled to file both claims.

Contact Napolin Law Firm for a Free Consultation

Whether you would like to file a personal injury claim or a workers’ compensation case or both, call us to help you figure that out.To arrange a free consultation, please call our office at 844-984-4878. We handle these cases on a contingency basis. There will be no attorney fees unless we win your case.