Can You File Workers’ Comp And Personal Injury? (Solved)

If you got hurt on the job, you’re probably wondering what kind of claim you can file — workers’ comp, personal injury. 

The good news is that you might not have to choose just one. Depending on how the accident happened, there’s a chance you’re entitled to both types of claims.

In this post, we’ll explain when you can file workers’ comp and personal injury claims.

Can You File Both Workers’ Comp And Personal Injury?

Yes, you can file both workers’ comp and personal injury claims if you were hurt at work AND a third party caused the injury.

A third party is a person or company outside of your job.

That said, if you do end up winning the personal injury settlement, the workers’ compensation insurance company may ask to be reimbursed for what they already paid.

But yes, you CAN pursue both, and in many cases, you SHOULD. 

That way, you get the quick help workers’ comp offers and the full compensation a personal injury case can provide.

Also Read: Workers’ Compensation vs. Personal Injury Claims

Real Life Examples

Here are a few examples to show how someone might end up filling both:

• You’re driving for work and another driver crashes into you. Workers’ comp covers your medical bills. But you can also sue the at-fault driver for pain and suffering.
  
• You’re working construction and a piece of equipment malfunctions. Turns out it was defective. Workers’ comp kicks in, plus you can go after the manufacturer.
  
• You’re a nurse, visiting a patient at their home, and fall on their broken steps. That’s a work injury, but you might also have a personal injury case against the homeowner.

These are all situations where it’s totally possible to have two claims at once — and in some cases, it’s the only way to get fully compensated.

What Can You Recover From Each Claim?

The biggest difference between the two is that you don’t get paid for pain and suffering from the workers comp. Here’s a quick breakdown:

Workers’ Comp

Workers’ comp is kind of like a safety net. It helps cover the basics, but not everything.

• Medical expenses (doctor visits, surgery, medication)
• A portion of your lost wages
• Rehab or therapy if you need it
• Disability benefits, if the injury affects your ability to work long-term

It’s no-fault, so you get benefits even if you made a mistake — but there’s no money for pain, suffering, or emotional stress.

Also Read: How To Negotiate With Insurance Adjusters

Personal Injury

Personal injury claims can go way beyond just the basics.

• Full compensation for all lost wages — not just a percentage
• Pain and suffering
• Emotional distress
• Future medical costs
• Loss of enjoyment of life, depending on the severity of your injury

This kind of claim looks at how the injury affected your entire life, not just your paycheck. But you do have to prove that someone else was responsible.

How Workers Comp And Personal Injury Claims Work Together

When you file both claims, they don’t cancel each other out — they actually work side by side. 

Workers’ comp can start helping you right away, covering your medical bills and some income while you recover. At the same time, your personal injury case might take longer to settle, but it could give you more compensation in the long run. 

Here’s one important thing to know: if your personal injury case results in a settlement, your workers’ comp insurance might ask to be reimbursed for what they already paid. 

It’s called a workers comp lien. 

Your attorney can help make sure it’s all handled fairly, and that you still get the full value of your personal injury case.

So yes, you can definitely pursue both the claims, and they can work together. You just need someone who knows how to coordinate them.

What To Do If You Want to Pursue Both Claims

If you’re thinking you might have a case for both workers’ comp and personal injury, here’s what you should do:

#1 Report The Injury To Your Employer

This should always be your first move. Tell your supervisor or manager as soon as the injury happens, even if you think it’s minor. Get it in writing, if possible. 

Delaying this can hurt your workers’ comp claim, and you don’t want to give the insurance company any excuse to deny coverage.

#2 File A Workers’ Comp Claim

Your employer should give you the forms to file. 

If they don’t, check your state’s workers’ comp website. The sooner you file, the sooner you can start getting benefits like medical treatment and wage replacement. 

Keep copies of everything (doctor’s notes, forms, emails) all of it can help support your case.

#3 Identify Third-Party Liability

Now you have to consider if you can file a personal injury claim.

Ask yourself: was someone else involved who doesn’t work for your company? 

A driver? A vendor? A property owner? 

If so, they could be considered a third party and that might open the door to a separate personal injury claim.

Also Read: Maximizing Your Personal Injury Compensation

#4 Talk With A Personal Injury Lawyer

Don’t try to juggle this on your own. Talk with a good attorney.

A personal injury lawyer who knows both workers’ comp and personal injury can look at your situation and tell you what’s possible.

They’ll deal with the paperwork, handle the insurance companies, and make sure you don’t accidentally mess up one claim while pursuing the other.

#5 Coordinate Both Claims

This is where things can get complicated. 

Each claim follows its own process, with different deadlines and rules. 

Your attorney will help keep everything on track, negotiate liens, and make sure you get as much compensation as possible, without losing out because of timing or paperwork errors.

Bottom Line

You can file for workers’ comp and personal injury if a third party caused your work injury. 

Workers’ comp can cover the basics, but a personal injury case could fill in the gaps — especially when it comes to pain, stress, and long-term impact.

Every case is different, but if there’s even a chance a third party was involved, it’s worth looking into both options.