Can You Pursue Both a Workers’ Compensation and Personal Injury Lawsuit for the Same Incident?

When you’re injured on the job, your first thought is often how to recover. This includes recovery from physical, emotional, and financial damage.

Workers’ compensation exists to cover medical care and a portion of your lost wages, no matter who caused the accident. But sometimes, your injury involves more than just your employer. If someone outside your workplace contributed to your accident, you may have another legal option: a personal injury claim.

Understanding when you can pursue both workers’ compensation and a personal injury lawsuit is important. It can make the difference between limited benefits and full financial recovery.

Role of Workers’ Compensation

Workers’ compensation is designed to protect employees who get hurt on the job. It’s a no-fault system, meaning you don’t need to prove your employer did anything wrong to receive benefits. In return, you generally can’t sue your employer for negligence.

This system helps ensure that you get medical treatment and wage replacement quickly, without the delays of a lawsuit. However, workers’ compensation has limits. It doesn’t cover pain and suffering, loss of enjoyment of life, or emotional distress. For serious injuries, that can leave a significant financial gap.

When a Third Party Is Responsible

If someone other than your employer caused or contributed to your injury, you might have the right to file a personal injury claim against that third party. This is where both systems can come into play at the same time.

For example:

• You’re driving for work and another driver runs a red light, causing a crash.
• You’re injured on a construction site by equipment owned by another company.
• A defective product or piece of machinery causes your injury.

In these cases, you can receive workers’ compensation benefits and still hold the at-fault person or business accountable through a personal injury lawsuit.

How the Two Claims Work Together

Filing both claims doesn’t mean you’ll be paid twice for the same damages. Instead, each system covers different losses. Workers’ compensation will pay for medical bills and a portion of lost wages. A personal injury claim can cover the rest, including pain and suffering, emotional distress, or any remaining financial loss.

That said, there are important legal details to manage. For example, if you win or settle your personal injury case, workers’ compensation may have a right to reimbursement for the medical expenses it covered. This is called “subrogation.” It prevents double recovery but ensures the financial responsibility ultimately falls on the party that caused the harm.

Because these cases overlap, it’s important to have someone guide you through both systems to avoid losing out on compensation or violating any legal deadlines.

Choosing the Right Path Forward

If you’ve been hurt on the job, don’t assume workers’ compensation is your only option. Many injured workers miss out on substantial compensation simply because they didn’t realize another party might be responsible.

The best approach is to look at your situation from every angle. Ask questions like:

• Was anyone outside my company involved in what happened?
• Was the equipment or vehicle I used defective?
• Did unsafe conditions on another company’s property contribute to my injury?

Getting answers to these questions early helps preserve your right to pursue all available claims.

You Don’t Have to Navigate This Alone

Workplace injuries can create both physical pain and financial stress. You deserve to understand your rights and every option available to you.

If you were injured at work and think someone else may be to blame, contact Shugarman & Mehring. We’ll review your case, explain how workers’ compensation and personal injury claims might work together, and help you seek the full recovery you deserve.