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Posted on September 30, 2024 in Personal Injury,Workers Compensation
Are you dealing with a workplace injury or occupational illness because of someone else’s wrongful actions or inaction? If so, you might wonder whether you can file a personal injury claim while receiving workers’ compensation benefits.
Workers’ compensation and personal injury claims differ mainly in how fault determination works and the type of compensation available. Workers’ compensation pays benefits to employees who suffer work-related injuries and occupational illnesses, no matter who caused them. In other words, you do not need to prove anyone was at fault to receive workers’ comp benefits. In contrast, personal injury claims require you to prove that a third party – someone other than your employer and co-workers – was at fault for your injury or illness.
Workers’ compensation benefits pay for medical treatment and offset a portion of lost wages but do not include compensation for pain and suffering. Conversely, personal injury claims can cover pain and suffering, mental anguish, and other subjective losses. Personal injury compensation can also cover injury-related medical expenses and the total value of your lost income.
You might have a workers’ comp claim if you get hurt or become ill while performing your job duties. Workers’ compensation covers on-the-job injuries for eligible employees, regardless of who caused the accident.
For example, if you slip and fall at work, you can get workers’ compensation even if the fall was your fault. Workers’ compensation also covers repetitive stress injuries, like carpal tunnel syndrome, that develop over time. Injured employees typically qualify for workers’ comp benefits if the condition directly relates to the job.
You might have a personal injury case if your work injury or occupational illness resulted from someone else’s wrongdoing. You usually cannot file a personal injury claim against your employer if they provide workers’ compensation coverage. However, you may be able to file a claim against a non-employer third party who is responsible for your injury.
For example, if a defective machine at work causes your injury, you could have a third-party claim against the manufacturer. Similarly, if a negligent driver hits you while you’re driving for work, you could have a car accident claim against the driver. In a personal injury claim, you must prove that the other party’s wrongdoing led to your injury.
If a third party contributed to your work injury, you could file a personal injury lawsuit against that party while still collecting workers’ compensation benefits. However, it’s worth noting that your employer’s insurance company could have the right to subrogation if you do. If you win your civil lawsuit, your employer’s insurer might demand reimbursement for the benefits they have already paid you.
Our lawyers can handle this process for you and work hard to maximize your compensation. We can file both claims on your behalf, negotiate with insurance companies, and protect your rights during the subrogation process. By working with a lawyer from our firm, you can pursue each claim effectively and secure the full benefits and maximum compensation you deserve for your injuries.
If you have suffered a workplace accident or occupational illness in South Carolina, call us at (864) 400-1373 or contact The Melonakos Law Firm. Our experienced attorneys are ready to explain your options and fight for the compensation you deserve from every available source. We offer a free consultation to discuss your case and answer all your questions.
Michael, a lawyer who honed his skills at premier Atlanta insurance defense firms, specializes in cases involving trucking, auto, and premises liability, adeptly representing both local and national clients.
