Learn when you can file a work place accident personal injury lawsuit
Did you know that you can file a personal injury lawsuit and workers' compensation claim for your work accident? You probably thought that if you were injured at work, you may only file a workers' compensation claim. However, work place accident personal injury lawsuit means you are entitled to file a personal injury lawsuit for a work place accident. Workers' compensation is not the only legal remedy for your injuries when you have a work place accident. You can file a third party personal injury lawsuit as well if there are more parties responsible for your injuries.
Workers Compensation Claims
When you get injured at work for a work place accident, you are automatically entitled to receive workers compensation benefits. In workers compensation claims, you do not bare the responsibility of proving fault. So if you sustained injuries to your neck, hand, and back from repetitive work, you can file a claim regardless of fault. But sometimes, your injury was actually someone else's fault. In that, there is a negligent third party that caused your injury.
Third Party Work Place Accident Personal Injury Lawsuit
Personal injury lawsuit requires you to prove fault. Your injuries were a direct cause by the third party's negligence. In this case, you can file a personal injury lawsuit against alleged responsible party. What is important to remember, however, is that you can't recover the same damages under the two claims. For example, if your recovering medical expenses under workers compensation, you cannot do that for the personal injury case.
Here are some examples for when you can file a work place accident personal injury lawsuit along with a workers compensation:
- If your work place injury involved a product defect of some type, then the manufacturer or the distributor may be liable for your injuries.
- In case you were injured in a motor vehicle accident and the responsible party was not your employer, then you can file an auto accident personal injury claim.
- If the negligence of a customer, vendor or another party other than your employer and co workers caused your injury.
Contact Napolin Law Firm Today for a Free Consultation
Whether you would like to file a personal injury claim or a workers’ compensation case or both, call us to help you figure that out. To arrange a free consultation, please call our office at 844-984-4878. We handle these cases on a contingency basis. There will be no attorney fees unless we win your case.