Can I collect workers compensation AND a personal injury settlement?
(South Carolina, USA)
I was crushed by a piece of construction equipment at work and workers compensation doesn't pay pain and suffering. Right now I'm paraplegic. This all has caused extreme distress. Can I collect workers comp AND personal injury (for pain and suffering)?
Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always
get a formal case review
from a licensed attorney in your area.
ANSWER for "Can I collect workers compensation AND a personal injury settlement?":
The simple answer to your question is "yes" you can submit both a workers compensation claim and a personal injury claim.
The workers compensation claim is through your employer and while they may not characterize the settlement as "pain and suffering" they should still offer a settlement based upon your rated disability. In other words, you appear to be permanently disabled and a settlement would be based upon rating your disability (somewhere between 80-100% disabled) and your normal annual salary.
You may also submit a demand for personal injuries based, most likely, on a negligence cause of action. Negligence means that someone owed a duty, they breached the duty, that such breach was the actual and proximate cause of damages and actual damages.
Here, you might assert that your employer was negligent in some way, however given your description it is difficult to provide assistance about whether your employer was, in fact, negligent.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
P.S. Please help us out by sharing this site...