Visitor Question

Can I collect workers compensation AND a personal injury settlement?

Submitted By: Anonymous (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)?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 6, 2010

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

One thought on “Can I collect workers compensation AND a personal injury settlement?

  1. I had a slip and fall injury in Jan 2011. I broke my tibia and fibula in my right ankle. I had surgery and metal hardware was installed in my right ankle. Sept 2011 I returned to work and realized that the metal hardware was pushing against my skin on my leg.

    Oct 2011 I had removal of hardware surgery. I’m receiving Workers Compensation but my question is: Can I sue for Premises Liability and Pain and Suffering on my behalf? This situation has put me in a financial hardship.

Leave a Reply

Your email address will not be published. Required fields are marked *