Overview
In many cases, yes, you can pursue both, but they usually apply to different parties. Workers' comp covers your medical bills and lost wages regardless of fault when you're hurt on the job, while a personal injury claim targets a third party, someone other than your employer, whose negligence caused or contributed to your injury. These two paths can run alongside each other as long as they're aimed at different sources of compensation.
Frequently Asked Questions
Can I file a workers' comp claim and a personal injury claim at the same time?
Yes, when a third party is involved. Workers' comp is generally a no-fault system that pays out through your employer's insurance no matter who caused the accident, but it typically doesn't let you sue your employer directly. If someone outside your workplace, like a negligent driver, a subcontractor, or a defective equipment manufacturer, contributed to your injury, you may be able to file a separate personal injury claim against them while your workers' comp claim moves forward.
What counts as a third party in a workplace injury?
A third party is anyone other than your employer or a coworker acting within their job duties. Common examples include another driver who hit you while making a delivery, a property owner whose unsafe premises caused a fall during a work errand, or a manufacturer whose faulty tool or machine caused your injury.
Will my workers' comp benefits be reduced if I also get a settlement?
Often, yes, through a process called subrogation, where the workers' comp insurer seeks reimbursement from your third-party settlement for benefits it already paid. This is a normal part of running both claims together and a knowledgeable attorney can help structure the settlement to account for it.
Do I still need to report the injury to my employer?
Yes, and quickly. Most workers' comp systems have short deadlines for reporting an on-the-job injury, and delaying can jeopardize your benefits even if you're also planning a separate injury claim against a third party.
Can my employer retaliate against me for filing a claim?
Retaliating against an employee for filing a workers' comp claim in good faith is generally against the law. If you experience retaliation, documenting it and speaking with an attorney can help protect your job and your rights.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
