Personal Injury Lawsuit With a Workers’ Compensation Claim
In short, you cannot file both a workers’ compensation claim and a personal injury lawsuit against your employer. However, you may be able to file a lawsuit against a third party whose action or inaction contributed to your injuries and losses.
If you have been injured or contracted a serious illness while working, then you may have grounds for a personal injury claim against a third-party contractor, for instance, if they did not take necessary precautions when using tools or vehicles on a worksite (and you were injured in the process).
When a Personal Injury Claim is Appropriate
There are no single criteria for when a personal injury claim is appropriate, but some characteristics of a workplace or job that qualify you to bring a personal injury claim against a third party—that is not your employer—could include:
- A third party does not follow appropriate rules or regulations when working near or with dangerous substances, such as asbestos
- Reckless operation of tools, vehicles, or equipment
- Negligent work practices that endanger others around them, like using their phone under unsafe conditions or not holding a ladder you were standing on
A Fort Myers personal injury lawyer could help you determine if you suffered any injury or loss that could enable you to pursue damages from a third party with whom you worked.
Injuries That May Warrant a Personal Injury Claim
An injury that you suffer while on the job, or a sickness you contract because of workplace conditions—may be enough for you to bring a claim against a liable third party. There are some work-related injuries and ailments that justify bringing a personal injury claim, and they include:
- Spinal cord injury
- Broken back
- The concussion from one or more objects falling on your head
- Nerve damage
- Slipped disc
- Cancer from being exposed to asbestos
These are just some of the many possible injuries and ailments that can happen in the workplace. If you have suffered one of these or another affliction due to conditions in your workplace affected by a third party, call a lawyer today.
Personal Injury Lawyer Can Help You File a Third-Party Injury Lawsuit
Lawyers have knowledge of personal injury law and cases similar to yours. If you were injured on the job, a lawyer will be able to help you pursue compensation. Some of the responsibilities of your workers’ compensation or Fort Lauderdale personal injury lawyer will include:
- Speaking with you in person or over the phone to get a clear picture of how your injury or illness occurred
- Filing your case as soon as possible
- Collecting and organizing any evidence of wrongdoing by your employer
- Handling your case from start to finish
- Defending your rights throughout the legal process
Lawyers can help you in many ways.
Potentially Recoverable Damages in a Third-Party Lawsuit
If your workers’ compensation lawyer is successful in proving a third party’s negligent or reckless actions contributed to or caused your injuries, you may collect financial awards to cover:
- Medical bills stemming from your injury
- Lost wages
- Pain and suffering
- Any long-term disability or diminished earning power
You could be entitled to additional compensation based on the details of your case.
Call Our Team at the Law Offices of Wolf & Pravato Today
We also help the victims of worker compensation in the following cities: