Can I File a Personal Injury Lawsuit If I Already Accepted Workers’ Comp?
Workers’ compensation programs offer some benefits that may not be available if you file a personal injury lawsuit. For example, if you file a workers’ comp claim, you can get money faster and avoid settlement negotiations and a trial altogether. However, if you already accepted workers’ comp, you cannot then choose to file a personal injury lawsuit against your employer.
Workers’ compensation claims very rarely bring in as much money as a personal injury lawsuit. That’s why you should always talk with a personal injury attorney before accepting any offers. Even if you do accept workers’ comp, however, you may still be able to file a lawsuit against a responsible third party.
Third Party Personal Injury Lawsuits After a Work Accident
If you’ve been injured in a work or construction accident, and have already accepted workers’ comp, talk to a lawyer about filing a lawsuit against other responsible parties. For example, if you were injured by a defective product or a third party, you may be able to file a claim against them.
Injuries Due to Defective Products
If you were hurt on the job by a defective product or a machine, the manufacturer or designer of that product may be liable for your injuries. Even after you’ve accepted workers’ comp from your employer, you can file a personal injury claim against the company that made the dangerous product.
An example would be if you get hurt because a defective sky lift suddenly dropped, breaking or even amputating an arm. If the sky lift malfunctioned because of a manufacturing defect, the maker may be liable for medical expenses, lost wages, and pain and suffering.
Injuries Due to Third Party Negligence
Similarly, if another person caused your injury, they too could be liable. For example, if you were working outside near a road, and a driver loses control of their car and hits you, they would be responsible for your injuries.
Everyone has a right to work safety. If your workplace is not safe, or you’ve been injured on the job, then the person or business responsible for that injury should be held accountable.
The Columbus personal injury lawyers at Larrimer & Larrimer LLC fight tooth and nail for their clients while they focus on more important things, such as loved ones and their recovery.