Workers Comp Information
Suing Others
1) I injured myself from a slip and fall on the job. Can I file a workers comp claim against my employer?
Most work related injuries are handled through the workers compensation system of your state, and you are probably precluded from suing your employer. However, if a third party - such as a bottled water company making a delivery - was responsible for the condition that caused you to slip, you may have a claim against that company. Again, you may want to speak with a slip and fall attorney to discuss your rights, given the facts of your situation.
2) Can I sue my co-worker if his or her behavior contributed to my injury in a workers' compensation case?
If a co-worker acted intentionally and violated company policy (i.e., anti-drug or alcohol use on the job), started a fight or committed a crime, you might be able to sue a co-worker (click third partylawsuit for more information).
3) Can I get fired for filing a workers' compensation claim for a car accident that was not my fault that happened while I was making a delivery on my job?
It is against the law to fire you because you have filed or attempted to file a workers' compensation claim. If it can be proven that an employer fires or forces any injured worker to resign in retaliation for filing a workers' compensation claim, the worker could file a civil lawsuit against the employer for “retaliatory discharge.” This type of lawsuit could result in substantial damages against the employer, and employers usually know this.
If someone other than your employer or co-worker is responsible for the accident, you can bring a "third party" lawsuit for additional money damages. Workers comp and civil personal injury claims are not mutually exclusive, and since workers compensation does not compensate the injured worker for pain and suffering, you will likely get a more complete recovery by suing the at-fault driver. You will have two claims to make – your workers’ comp claim for medical expenses and lost wages, and a personal injury claim against the driver who caused the accident and your permanent injuries, if any, or other losses.
As with any non-work auto accident claim, most personal injury attorneys will take your auto accident case on a contingency basis, meaning that the attorney will recover an agreed-upon percentage of your verdict or settlement as payment, plus costs, instead of taking any money from you up front. Sometimes the same attorney can handle both your workers’ compensation claim and your third party claim. However, others will only handle one type of case.
There will generally be a lien imposed by the workers' compensation insurance company against any recovery you receive from the at-fault driver; this is also known as a “subrogation” claim. The lien provides for reimbursement to the workers' compensation insurance company of a percentage of the benefits that you recovered in your civil claim. Therefore, as an injured employee, you would not receive double benefits, and the workers' compensation insurance company can be reimbursed for past of what it had paid.
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