Can I File a Personal Injury Claim While Collecting Workers’ Compensation?

If you were injured on the job in Oregon, you may wonder if filing a personal injury claim in addition to a workers’ compensation claim is an option for you. The answer depends on several factors, but as a general rule, filing a workers’ comp claim does not prevent you from also filing a personal injury claim, provided you have grounds to do so.

What’s the Difference Between a Personal Injury Claim and a Workers’ Comp Claim?

A personal injury claim is a way for an injured person to demand compensation from the negligent parties who caused their injuries. Personal injury compensation can include money for economic losses like the cost of medical treatment and lost wages from time off work, as well as non-economic losses like pain and suffering. To recover this compensation, the injured party must prove that the at-fault party did something wrong to cause the accident.

The workers’ compensation system, on the other hand, does not require a showing of negligence, but provides only limited benefits. Most employers in Oregon must provide workers’ compensation insurance, which pays certain guaranteed benefits to an employee who suffers an on-the-job injury or an occupational illness. These benefits include:

• Medical benefits to pay for all necessary medical care
• Lost-wage benefits to cover a portion of lost income
• Disability benefits to compensate for long-term impairment
• Vocational retraining if long-term impairment necessitates a career change
• Death benefits for surviving family members, if the injury or illness proves fatal

To access workers’ compensation benefits, the injured employee does not have to prove that their employer was responsible for their injury or illness. Rather, they must only show that it arose from their work.

In exchange for providing this no-fault insurance coverage, employers are broadly protected from lawsuits filed against them by their employees, except in rare cases like when they deliberately harmed their employee. So, unless one of these rare situations applies to you, you’re likely barred from filing a lawsuit against your employer, even if their carelessness or negligence led to your injury.

However, this protection from lawsuits does not extend to non-employer third parties – that is, anyone who is not your employer or someone employed by them. In other words, you could have grounds to pursue a personal injury claim against someone who injured you at work and is neither your employer nor a fellow employee.

Can I File a Worker’s Compensation and Personal Injury Claim Simultaneously If I Get Hurt at Work?

Whether you can file simultaneous personal injury and workers’ comp claims depends on the unique circumstances of your case. You can likely do so if the person responsible for your injury or occupational illness is someone other than your employer or a co-worker.

For example, suppose your injuries were caused by a defective power tool or by a subcontractor who dropped an item on you from a height. Under these circumstances, you may be eligible to file a worker’s comp claim as well as a personal injury claim against the manufacturer of the tool or the subcontractor who hurt you.

A successful third-party claim for a work-related injury could allow you to recover money beyond what the workers’ compensation system offers.

Potential Compensation for Your Workplace Accident

If you suffered injuries on the job and no third party contributed to them, you are likely limited to claiming workers’ comp benefits, which include:

• Reasonable and necessary medical expenses
• A percentage of your lost earnings
• Benefits for any permanent disability

If your attorney advises you that you can pursue a personal injury lawsuit, you can also seek compensation for all your lost income and non-economic losses, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Suffered a Workplace Injury in Oregon? Contact Our Firm for Assistance

If you or a loved one was injured in a workplace accident, speak with a skilled and knowledgeable attorney at Jodie Anne Phillips Polich, P.C., as soon as possible. We will review your case and evaluate your options for pursuing maximum compensation, including personal injury compensation while on workers’ comp.

Contact us today to get started with a free consultation.