If you have been injured on the job, you will need to file a workers compensation insurance case to receive reimbursement for your injuries and medical expenses. However, you may also wonder if you can file a lawsuit. Here are three of the most common questions about suing and workers compensation claims.
When Can You Sue Outside of Workers Compensation?
Generally speaking, workers compensation is in place to prevent injured workers from suing their employers in the event of an accident. If an accident occurs, the insurance covers those injuries. However, in some cases, you can sue other parties, or even your employer, for an accident that occurred at work. If your employer does not have workers comp insurance, you can sue them. Additionally, if the employer's intentional or egregious actions caused your injuries, you may be able to sue them. Lastly, if you were injured by another party, who does not work for your employer during the course of your job, such as being hit by another driver while driving for your job, or being injured by a malfunctioning product, you can still file a case against the responsible party.
Can You File a Workers Comp Case and Another Lawsuit?
Yes. You can file both a workers compensation claim and a lawsuit against the party responsible for your injuries. However, you can't double dip for payment. So, if you receive payments for your medical expenses from workers compensation insurance, you can't sue the driver of the car that hit you and ask for reimbursement of your medical expenses.
What Compensation Can You Sue for?
Workers compensation generally pays for your medical expenses related to the accident, a certain percentage of your lost wages, and any permanent injuries that affect your earning capacity. As such, you can generally sue a responsible party and ask for reimbursement for the portion of your lost wages not covered by workers compensation, pain and suffering and any medical expenses that may not have been covered.
Both workers compensation attorneys and personal injury attorneys can assist you if you were injured on the job. They can help you file a claim and determine if there are any other parties you can bring a case against. If you were injured on the job, consult with one of these lawyers today to determine how you should proceed.
If you've been injured and looking for answers regarding workers compensation, contact the experts at Gerkin & Decker today. From probate lawyers to help with child custody, we have experts in every field that can give you the legal representation you need. Contact us today for a consultation.
