When Workers Comp And Personal Injury Overlap

Workplace accidents can create situations where both workers’ compensation and personal injury laws may apply. In certain cases, an employee injured on the job may be able to file both a workers’ compensation claim and a separate lawsuit for damages. This overlap can be confusing for injured employees, and that’s where a workers compensation lawyer can provide clarity.

Our colleagues at Polsky, Shouldice & Rosen, P.C. have seen firsthand how these situations arise and how important it is to understand the differences between these two legal paths. While both processes aim to help injured workers recover, they work in different ways and can sometimes be pursued together.

How Workers Compensation Applies

Workers’ compensation is typically the first resource for employees hurt during the course of their job. It is designed to cover medical bills, lost wages, and rehabilitation costs, regardless of fault. A workplace injury lawyer can help you confirm your eligibility, guide you through the filing process, and address issues if your claim is denied or delayed.

However, workers’ compensation does not usually provide compensation for pain and suffering. This is one of the main reasons someone might also consider a personal injury claim if another party’s negligence contributed to the accident. Pain and suffering can include emotional distress and psychological issues that developed as a direct result of the accident. If you’ve been injured as work and begin experiencing symptoms such as anxiety, depression, or PTSD, you may be eligible to file a personal injury claim in addition to your workers’ comp claim.

Where Personal Injury Fits In

A personal injury lawsuit can also be filed when an injury is caused by a third party—someone other than your employer or a co-worker. A job injury lawyer can assess whether your situation meets the criteria for this type of claim. Personal injury cases can provide damages for emotional distress, pain and suffering, and loss of enjoyment of life—compensation that workers’ compensation does not cover.

Benefits Of Legal Guidance

While you can file a claim on your own, having professional legal guidance can be beneficial in avoiding errors that might delay or reduce your compensation. An experienced employee compensation lawyer understands how to balance both processes while protecting your interests.

Attorneys can also help manage communication between insurance companies, employers, and opposing counsel, making sure that your case stays on track and allowing you to focus on your recovery. When both claims are pursued, it’s important to understand how compensation from one claim can affect the other—something an attorney can address before you make decisions.

Key Takeaways For Injured Workers

• Workers’ compensation covers medical costs and lost wages but not pain and suffering.

• Personal injury claims can provide additional compensation if someone else’s negligence caused your injury.

• In certain situations, both claims may be possible and worth pursuing together.

If you’ve been hurt on the job and believe a third party may also be at fault, it’s wise to discuss your case with a qualified attorney. Legal professionals can help you determine the most effective path forward and explain how each claim could impact your recovery. If you have questions about your options after a workplace injury, contact an attorney today.