Can I have a Workers Comp and Personal Injury Case at the Same Time?
At the Law Offices of Lyle B. Masnikoff and Associates, P.A., we represent many clients who have multiple claims and/or lawsuits at the same time. It is very common for a worker to be involved in a motor vehicle accident while working. We represent many police officers, nurses, air conditioning technicians, locksmiths, phone company employees, as well as other workers who drive either company vehicles or their own private vehicles for work related purposes. If someone is driving or is just a passenger while performing some type of job or work related activity and gets into a motor vehicle accident, then they may have a Workers Compensation Claim and a Personal Injury Case at the same time.
The injured worker may be entitled to lost wages and medical treatment from the Employer and/or Workers Compensation Insurance Company for the Workers Compensation Claim. Additionally, the injured worker may be able to receive medical treatment as well as monetary damages including pain and suffering from the auto insurance company for a Personal Injury Lawsuit.
It is also common for employees to be injured at work as a result of the negligence of another person or company. If an employee is injured as a result of the negligence of their Employer or a co-worker, there usually is not be a separate personal injury lawsuit. However, if an employee is injured as a result of the negligence of another company or one of their employees, then there could be a separate personal injury lawsuit. One example is on construction sites, there are usually many subcontractors. If you are an electrician doing your job and get struck by a brick or board thrown down by the roofer, you may have a Workers Compensation Claim against the Employer/Carrier and a Personal Injury Lawsuit against the roofing company. If you are a painter and the elevator company does not close the elevator shaft and you fall down the shaft, then you could have a Workers Compensation Claim against your Employer/Carrier and a Personal Injury Lawsuit against the elevator company. Another common example is an outside cleaning comes to your office or place of business and mops the floor but does not put up a warning sign and you slip and fall, you may have a Workers Compensation Claim against the Employer/Carrier as well as a Personal Injury Lawsuit against the cleaning company.
The use of electrical equipment or machines can also lead to multiple claims or lawsuits. An example is a maintenance worker who uses a riding lawnmower that tips over and the lawnmower either lands on the worker and/or cuts off a limb. In this situation, the injured workers may have a Workers Compensation Claim as well as a Product Defect Lawsuit against the manufacturer of the lawnmower. There are many types of machines or devices such as tree trimmers, garbage truck compactors, tire defects, etc. that may contribute or cause an accident while you or someone you know is at work.
Call us and we will investigate whether you could have multiple claims or lawsuits. If you have any questions about this article or about your specific situation, please do not hesitate to contact Attorney Lyle B. Masnikoff at (772) 461-9181.