Can You File for Workers’ Comp and a Personal Injury Claim?
If a person is injured in the workplace or while on the job, they are always entitled to receive financial compensation to help pay for their medical expenses. Under certain circumstances, however, the nature of the injury may lead some to wonder if a personal injury claim can be filed in conjunction with a workers’ compensation claim. The answer to this is yes, if the conditions are met for both of these cases.
In order to place a worker’s compensation claim, all that is required is that a person sustains an injury while performing work-related duties. This could be either in the office or at or in transit to another site while on the clock. There is no further explanation or stipulation that is necessary, so even if the injury was a complete accident, your employer is still obligated to compensate you.
If the injury, however, was caused by another individual’s malice or negligence, then there is also grounds for a personal injury claim. Even if you are at work or on the clock, each person is still responsible for the health and awareness of his or her team. Therefore you can file a personal injury claim in addition to a worker’s compensation claim if this condition is also met.
In order to receive the most amount of compensation out of both of these claims however, it is a good idea to consult with an attorney, as the cases can become complicated and both parties push back to make the other pay more. To learn more about how we at the Franco Firm can serve you as your personal injury and workers’ compensation attorney, please call us at (813) 872-0929.