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Workers Compensation / 12.30.2020

Work Injuries: Workers’ Compensation and Personal Injury Claim

Workers who get injured on the job may assume that filing a workers’ compensation claim is their only way to recover compensation. While this is the main way to recover compensation, it is not the only way. Learn the situations where you may also file a personal injury claim after a work injury.

Workers’ Compensation Is Not Always the “Exclusive Remedy”

Workers’ compensation is often considered the “exclusive remedy” for work injuries, which means that, in some states, it may be your only way to recover compensation after getting hurt on the job. While, most of the time, you will recover compensation through a workers’ compensation claim, there are certain situations you may be eligible to file a personal injury claim too.

A personal injury claim has several benefits. For example, personal injury claims are likely to have larger payouts and you may be able to recover non-economic damages, such as for pain and suffering, as well.

Situations where you may bypass the “exclusive remedy” rule for workers’ compensation and also file a personal injury claim include the following:

  • You were injured by a defective product. In this case, you may file a claim against the product’s manufacturer.
  • You were injured by your employer’s intentionally reckless conduct. In this case, you may file a claim against your employer.
  • You were injured by a third-party who was on the job site. In this case, you would file a claim against the third-party or their employer.

Suffered a Work Injury? Contact Us Today

If you got hurt on the job, you may have several legal options, including filing a personal injury claim in addition to a workers’ compensation. Our Mississippi workers’ compensation attorneys can help you determine the best course of action for maximum possible compensation. We’ll take the legal process out of your hands while you focus on getting better.

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