What can I Do If My Injury Was Caused By Somebody's Negligence?

The important issue is who was negligent. If you were, you are entitled to workers' compensation If your employer or a supervisor acting in a supervisory capacity was negligent, they may not be sued. If the general contractor at your job site was negligent, they may not be sued. However, if a co-employee was negligent or if somebody not connected with your employer was negligent, you may file a negligence law suit against them in addition to your workers' compensation claim. You will then be able to claim actual damages (lost wages and medical bills past and future) as well as pain and suffering and effect on your marital relationship.

However, the employer/insurer has what is called a lien on any benefits you receive by virtue of the negligence claim. This means that to the extent you received workers' compensation benefits in the past they must be paid back to your employer/insurer.Furthermore, the employer/insurer doe not need to pay any future benefits to you until the amount you received, after attorneys fees and costs in the negligence case, is less than what you will be entitled to in the workers' compensation case.

So why file both claims? The answer is, everything is negotiable! There are many arguments that can be made by your attorney as to why the workers' compensation insurer should take less than what is provided by the law. The negligence case provides the opportunity for full compensation for your damages, but frequently takes a long time, has an uncertain outcome, and can never be re-opened if your condition worsens. Your workers' compensation case provides you with partial compensation for your loss and future protection. It is the task of your attorney to use the possibilities provided by both claims to provide more benefit to you than either one alone.This is a good reason why the same attorney should handle both claims!

You must also be aware that if you resolve your negligence claim before a workers' compensation claim is filed, you probably will be precluded from filing a claim for workers' compensation. In certain circumstances, even if you are not precluded from filing a claim, your right to benefits may be significantly diminished.

Attorney fees for your negligence claim usually are in the range of 33% to 40% of what you recover. The workers' compensation insurer or employer will have to pay their fare share of the attorney fee and costs in the case. The important principle to remember is that you only pay a percentage of the recovery to you!