Can I File a Personal Injury Claim for a Workplace Accident?
Workplace accidents can significantly impact your physical, emotional, and financial well-being. While workers’ compensation offers coverage for many work-related accidents, you may wonder if it’s possible to file a personal injury claim to recover additional damages.
In this blog post, the personal injury lawyers at Peters Law Firm discuss the distinctions between workers’ compensation and personal injury claims so you have a better understanding of how to recover the compensation to which you’re owed.
Workers’ Compensation vs. Personal Injury Claims
Workers’ compensation is a no-fault insurance system designed to provide employees with benefits for medical expenses, lost wages, and rehabilitation following a workplace injury. In most cases, workers’ compensation prevents employees from suing their employer, regardless of who was at fault for the accident.
On the other hand, personal injury claims require proof that another party’s negligence caused the injury. These claims can provide additional compensation beyond what workers’ compensation covers, including pain and suffering. However, unless specific exceptions apply, personal injury lawsuits are generally not directed against your employer.
When Can You File a Personal Injury Claim for a Workplace Accident?
While in most cases, workers’ compensation laws prohibit suing your employer, there are times when filing a personal injury claim may be appropriate. Usually, these involve third parties who somehow contributed to the accident. For instance, a manufacturer, contractor, or another driver could be liable for damages if their negligence resulted in your injury.
By filing a personal injury claim against a third party, you may recover additional damages, including for pain and suffering, emotional distress, and other damages not covered by workers’ compensation.
Examples of Situations Where You Can File a Personal Injury Claim
Below are a few likely scenarios where filing a personal injury claim may be possible:
- Your employer doesn’t carry workers’ compensation insurance.
- Your injury resulted from intentional harm by your employer or a co-worker.
- You were injured due to defective equipment or machinery. For instance, you could sue the manufacturer if a poorly designed or malfunctioning machine caused your injury.
- Exposure to toxic substances caused your injury or illness. In cases of chemical exposure, you may have a claim against the substance’s manufacturer.
- A car accident occurred while you were working. You can sue the other driver if they were at fault for the accident.
How Workers’ Compensation Affects Your Personal Injury Claim
Filing both a workers’ compensation claim and a personal injury lawsuit is possible in some cases; however, it’s important to understand that workers’ compensation insurance carriers may seek to recoup the benefits they paid out through a process called subrogation. This means part of your personal injury settlement may go toward reimbursing your employer’s insurer.
Navigating this overlap requires careful legal guidance to ensure you receive the full compensation you’re owed while satisfying legal obligations.
Depend On Peters Law Firm To Protect Your Workplace Injury Legal Rights
Workplace accidents can be overwhelming, but you don’t have to navigate the legal process alone. At Peters Law Firm, our team specializes in helping injured workers understand their rights when it comes to both workers’ compensation and personal injury claims. We’ll work tirelessly on your behalf to ensure you receive the compensation you deserve following your workplace injury.
Get started with a free consultation. Speak with our personal injury lawyers in Council Bluffs today.
