Injured at work? You may have a workers compensation case and personal injury case

If you have been hurt on the job you may have both a workers compensation and a personal injury claim

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Hurt on the Job? You may have a personal injury claim

By Philip L. Franckel, Esq.

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Were you injured in a job-related accident? You may think you have a worker's compensation claim, but did you know it's possible to have both a worker's compensation claim and a personal injury claim?

Generally an employee is eligible to receive worker’s compensation benefits, if the employee is injured in the course of employment. The exact interpretation of being hurt "in the course of employment" differs from state to state and it is sometimes difficult to determine whether someone was hurt in the course of employment.

However, worker’s compensation benefits will generally be available if the employer directed or required the employee's action that resulted in the employee being hurt. Worker’s compensation benefits are available to an employee injured on the job even if the employee is at fault.

If an employee was hurt in an accident where someone else was at fault, the employee may be able to file a third-party liability claim or lawsuit for personal injuries as well as a worker's compensation claim.

For instance, if an employee was driving a company vehicle which was struck by another driver who ran a red light, the employee can file a worker's compensation claim and can also sue the driver and owner of the car that ran the red light.

In the same situation, if the employee is injured in an accident while driving a personal car, the employee will be able to file a third-party liability claim or lawsuit for personal injuries against the other driver/owner and may also be able to file a worker's compensation claim if the employee was instructed by the employer to drive the car for work or a work-related errand.

There are many other instances where a person can have both a worker's compensation claim and a personal injury claim at the same time. If you have been hurt in an accident for which you believe you are entitled to worker's compensation benefits, be sure to call a lawyer who practices in the field of personal injury to see if you can also file a personal injury claim.

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