Most employers in the United States are required to carry workers’ compensation insurance for their employees, in case a person is injured at work. If you suffered an injury at work, you may file a claim with workers’ compensation. What you may not know, however, is that you still may be able to file a personal injury lawsuit also. When it comes to workers’ compensation and personal injury law, the law can become very complicated and so it is always helpful to have a personal injury lawyer to guide you.
Can You File a Lawsuit When Receiving Workers’ Compensation?
When it comes to workers’ compensation and personal injury law, you will find that there are exceptions to the rules and it can become very complicated. In most situations, if you suffer an injury at work, you cannot sue your employer if you receive workers’ compensation. The insurance protects your employer. However, there are instances where you may need to file a claim. This is especially true when the workers’ compensation does not cover your injuries or your difficulties at work.
Additionally, a personal injury claim may be filed against another party. For instance, say that you were in a car accident while performing a service for your company but the other driver was at fault. You can receive workers compensation for suffering an injury while working, but you can also file a claim against the other driver.
Can You Receive Workers’ Compensation and a Personal Injury Settlement?
If you receive workers’ compensation for an injury you suffered while performing a job and then you file a lawsuit, you cannot continue to receive the workers’ compensation payments. In fact, the insurance company has a lien. You will have to pay the workers’ compensation insurance company part of the settlement. Even if you receive a lower settlement than what you need for the cost of your medical bills, the insurance company still has a right to that money.If you received workers’ compensation, you may still be able to file a personal injury lawsuit. In some instances, the cases may be complex. If you are unsure if you can file a personal injury suit, then it is important to discuss your case with a lawyer. He or she can guide you on what your moves should be. For more information and to discuss your case, consult with a personal injury lawyer in Fulton County, GA, like from Tillman & Associates, as soon as possible.