The aftermath of a workplace accident can be devastating, both physically and mentally. It’s not uncommon to be overwhelmed and to feel as though you’re navigating an obstacle course. You may be feeling disheartened and disappointed if your workman’s compensation claim was not settled the way that you wanted it to be. But what if you feel like you’re entitled to more than what you received from the workers’ compensation settlement? Can you still file a personal injury claim once you receive workman’s compensation for a workplace accident? The answer is not necessarily straightforward, and it depends on several factors. In this article, we will break down those factors and provide information that can help you make an informed decision.
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What is Workers’ Compensation?
Before we dive into personal injury claims, let’s discuss what workers’ compensation is. Workers’ compensation is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. The system is meant to provide protection for both the employer and employee by providing medical and wage-replacement benefits without requiring the employee to prove fault on the employer’s part. Instead, it’s the employee’s responsibility to show that the injury occurred on the job.
The workers’ compensation system is supposed to be a trade-off. Employees receive benefits without proving the employer was at fault, but they also give up the right to sue their employer for negligence. In general, there are no awards for pain and suffering in workers’ compensation claims; instead, the employee is compensated for medical bills, lost wages, disability, and rehabilitation costs.
Can You File a Personal Injury Claim After Receiving Workers’ Compensation?
If you received workers’ compensation for a workplace injury, can you still sue your employer for personal injury? The answer is…it depends.
The Exclusive Remedy Rule
The primary factor in determining whether you can pursue a personal injury claim is the exclusive remedy rule. This rule is a cornerstone of workers’ compensation laws and is meant to protect employers from lawsuits arising out of work-related accidents. In other words, if an employer provides workers’ compensation insurance for its employees, the employee cannot sue the employer for damages related to their injuries.
Exceptions to the Exclusive Remedy Rule
While the exclusive remedy rule generally precludes employees from personal injury lawsuits against their employers, there are exceptions to the rule. Here are some examples:
Intentional Misconduct
If the employer intentionally caused the injury, such as a physical attack, or failed to provide a safe work environment despite knowing the danger, the employee can sue the employer for personal injury damages.
Third-Party Liability
If a third party caused your injury, such as a vendor, contractor, supplier, or customer, you have the right to sue them for personal injury damages.
Defective Products
If your injury resulted from a defective product, such as a machine or a tool, you may have the right to sue the manufacturer for personal injury damages.
Punitive Damages
While workers’ compensation claims generally do not allow recovery for pain and suffering damages, in some cases, you may be able to recover punitive damages. These damages are meant to punish the employer for egregious misconduct such as intentional, willful, or reckless behavior.
Uninsured Employers
If your employer did not have workers’ compensation insurance or did not follow the law regarding workers’ compensation, you may be able to sue them for common law damages.
Factors to Consider
If you’re still wondering whether you can file a personal injury claim after receiving workers’ compensation, there are several factors to consider. Here are some of them:
Severity of Your Injuries
The severity of your injuries is a significant factor in determining whether to file a personal injury claim. If your injuries are relatively minor and expected to heal quickly, it may not be worth pursuing a lawsuit. However, if your injuries are severe, long-lasting, or permanent, you may want to consider a personal injury lawsuit to recover pain and suffering damages, which are not available in workers’ compensation claims.
Length of Time Since the Accident
There is a time limit on filing a personal injury lawsuit, known as the statute of limitations. Depending on the state where you live, you may have between one and three years to file a lawsuit after the injury occurred. If you wait too long, you may lose the right to sue.
Rehabilitation and Future Medical Expenses
If you require ongoing medical treatment or rehabilitation, you may want to consider a personal injury lawsuit. Workers’ compensation claims provide medical benefits, but they may not be enough to cover the cost of future medical expenses.
Insurance Coverage
The type of insurance coverage available to you, including workers’ compensation, liability insurance, and health insurance, could influence your decision to file a personal injury lawsuit. You may not be able to recover twice for the same injury, so it’s important to know what coverage you have.
Conclusion
Receiving workers’ compensation benefits may not necessarily limit your right to seek additional compensation if someone else was at fault for your injuries or if the employer was intentionally negligent. If you’re considering a personal injury lawsuit, it’s important to consult an experienced personal injury attorney to determine if pursuing a claim is appropriate. An attorney can evaluate the facts of your case, explain your legal rights, and help you determine the best course of action to ensure that your rights are protected.