Should you be hurt on the job, you might question whether you could be eligible to pursue a personal injury claim in addition to a workers’ compensation one. Although the answer varies on several elements, generally speaking, submitting a Workers’ comp in Newport News does not stop you from also submitting a personal injury claim, provided you have grounds to do so
What is the difference between worker’s compensation and personal injury claims?
The key differences between workers’ compensation and personal injury claims are how blame is decided and the kind of compensation accessible. No matter who caused them, workers’ compensation rewards those who suffer occupational diseases and disabilities linked to their jobs. Stated differently, you do not have to show anyone was at fault to get workers’ compensation. Personal injury claims, on the other hand, call for you to show that someone other than your company and colleagues was responsible for your illness or injuries.
Though they balance some lost wages and cover medical treatment, workers’ compensation payouts do not cover pain and suffering. Personal injury lawsuits, on the other hand, can cover other subjective losses, mental anguish, and pain and suffering. Personal injury compensation covers the entire amount of your lost income and accompanying medical expenditures.
How to File a Personal Injury Lawsuit While Receiving Workers’ Compensation
While still receiving workers’ compensation benefits, you could launch a personal injury case against a third party if they helped to cause your employment injury. If you do, it is important to be aware that your firm’s insurance carrier can have the right to subrogation.
Should your civil lawsuit be successful, your company’s insurer may seek restitution for the already paid benefits.
Most attorneys will manage this for you and try to maximize your pay. Along with negotiating with insurance companies and defending your rights during the subrogation process, they can file both claims on your behalf. Working with a lawyer from a firm will help you properly pursue each claim and guarantee the full benefits and maximum compensation you are due for your injuries.
When should you file a workers’ compensation claim?
You may have a workers’ comp claim if you are injured or sick while working. Whether or not someone caused the accident, workers’ compensation covers on-the-job injuries for qualified workers.
When to File a Personal Injury Claim?
If your occupational disease or physical harm originated from someone else’s negligence, you could have a case. If your company offers workers’ compensation, you often cannot pursue a personal injury claim against them. You could be able to claim, nevertheless, against a non-employer third party who caused your damage.
Potential Compensation for Your Workplace Accident
Should you sustain injuries in the workplace and no third party help to explain them, your only options are probably workers’ comp benefits, which cover:
- Reasonable and essential medical expenses
- A percentage of your lost income
- Benefits for any permanent disability
Should your attorney counsel you on a personal injury claim, you can additionally seek reimbursement for all your lost income and non-economic losses, including:
- Pain and suffering
- Emotional stress
- Loss of enjoyment of life
Conclusion
Although it seems intimidating, the possibility of submitting a personal injury claim with workers’ comp compensation is not unattainable.
Understanding the subtleties of workers’ compensation law, the exclusivity rule, third-party liability, and the coordination of benefits helps injured workers make wise legal decisions.
Maximizing your potential recovery and negotiating this difficult terrain can depend on speaking with one of the experienced attorneys. While still concentrating on your health and recovery, you can seek the compensation you are due for your job injury under appropriate direction and advocacy.
References
- https://phillipspolich.com/blog/can-i-file-a-personal-injury-claim-while-collecting-workers-compensation/
- https://www.scinjuryattorney.com/can-i-file-pi-claim-if-receiving-workers-comp/
- https://www.ganassin.com/workers-compensation/can-you-file-a-personal-injury-claim-while-also-receiving-workers-comp-benefits/
