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Can I File Both a Workers' Compensation Claim and a Personal Injury Lawsuit?


Workplace injuries are typically covered by workers’ compensation insurance and, given that it is not a fault-based system, employees generally cannot file a personal injury lawsuit for these injuries. However, there are some circumstances in which it is possible for an injured employee to file both a workers’ compensation claim and a personal injury lawsuit. Understanding when you are allowed to file both of these claims is crucial to ensuring you are able to maximize compensation, especially since workers’ compensation benefits are somewhat limiting and do not cover pain and suffering.

When Can I File a Lawsuit?

The best way to be sure if you can file a personal injury lawsuit in addition to a workers’ compensation claim is to schedule a consultation with an attorney who is experienced in handling such matters to discuss the details of your case. As a general rule, however, one can file a lawsuit if:

  • You were intentionally harmed by your employer: It would take a lot more than negligence in order to claim that your employer harmed you on purpose. He or she would have had to take direct action against you, such as punching you in the face, to warrant a personal injury lawsuit. Otherwise, you would only be able to file a workers’ compensation claim.
  • Your employer does not have adequate workers’ compensation insurance or does not have any insurance at all: Every state, except for Texas, requires employers to have workers’ compensation insurance. If you are injured while performing your job duties and find that your employer does not have workers’ compensation insurance, you could file a lawsuit against him or her and recover damages for your injuries.

If you are unsure if you have a viable personal injury case in addition to your workers’ compensation claim, make sure you contact an experienced attorney as soon as possible to avoid missing the statute of limitations deadline. Otherwise, you risk losing your chance to obtain the compensation you deserve.

Call a Dedicated Orange County Workers’ Compensation Attorney Today!

Workplace injuries can be stressful and result in an inability to return to work for some time, which is why workers’ compensation benefits are so crucial. At Alvandi Law Group, P.C. in Orange County, we understand the difficulties you must be facing if you were injured while performing your work duties. Our team is committed to providing exceptional legal guidance to ensure you are able to obtain the benefits you deserve while you recover from your injuries.

Begin filing your workers’ compensation claim today and call us at (800) 980-6905 to request a complimentary case review with one of our experienced attorneys. We only accept payment after we win your case.

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