Personal Injury Claim vs. Workers' Compensation Claims
In some situations, however, an injury that occurs on the job may also involve the negligence of someone who is not the injured person’s employer. For example, if you are a truck driver who becomes injured when another motorist on the highway causes you to have an accident, then you may have a personal injury claim against the other motorist who injured you. You would also have a workers’ compensation claim against your employer and its workers’ compensation insurance company. These claims, which are referred to as third-party liability claims in workers’ compensation, may be filed in court just like any other personal injury claim. However, to the extent the employer has paid for the injured employee’s medical expenses and lost time from work, the employer may have a lien against the personal injury settlement for that money. Notwithstanding the employer’s lien rights, it is often worth it for the worker to explore the possibility of a third-party liability claim. Doing so often results in more compensation – sometimes substantially more compensation – being paid to the injured employee as a result of an accident.
Richmond, VA Workplace Injury Lawyer
If you or a loved one have been injured on the job, you need to receive legal advice about your rights to compensation. Here at The Mottley Law Firm, we have handled many third-party liability claims involving an injured worker who also has a workers’ compensation claim. Please give us a call to learn more information.