When you are injured on the job, Workers’ Compensation provides an immediate source of benefits, covering medical expenses and a portion of lost wages. However, Workers’ Compensation does not fully compensate you for all of your losses—most notably, it does not provide any recovery for pain and suffering. This is a significant limitation, as pain and suffering often represent a major component of the harm caused by a serious injury.
Although Workers’ Compensation is generally your exclusive remedy against your employer, meaning you cannot sue them for personal injury, this does not prevent you from pursuing a claim against a third party if their negligence contributed to the accident. If a third party—such as a subcontractor, equipment manufacturer, or negligent driver—was responsible for the injury, you can file a personal injury lawsuit against them.
A personal injury claim allows you to seek full compensation for all of your damages, including medical expenses, lost wages, pain and suffering, and loss of future earning capacity. Typically, when you pursue a third-party claim, you recover all of your damages from that party. However, Workers’ Compensation retains a right to reimbursement for any benefits it already paid on your behalf. This means that if you receive a settlement or verdict in a personal injury case, you will generally need to reimburse the Workers’ Compensation insurer for the medical expenses and wage benefits it covered.
Because of this interplay between the two claims, it is crucial to work with a personal injury attorney who can ensure that all potential third-party claims are identified and pursued. An attorney can also help navigate the reimbursement process to maximize your net recovery. While Workers’ Compensation may provide immediate assistance, it is often not the only available remedy, and failing to explore a personal injury claim could mean leaving significant compensation on the table.
CONTACT PHILLIPS & ASSOCIATES TODAY
If you or a loved one has been injured in an accident, contact Phillips & Associates at (818) 348-9515 for a free consultation today. You will immediately be put in touch with John Phillips or Patrick DiFilippo, who can help determine whether you have a case and advise you on the best course of action moving forward.
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