Combining Personal Injury and Work Accident Claims
Not only are these the two most common types of lawsuits, but depending on the situation, it's possible that your financial recovery isn't limited to a single claim.
You would actually be able to file a workers comp claim with your employer, and file personal injury lawsuit with a third party, if applicable.
Work accident claims generally aren't handled as personal injury lawsuits, but as workers compensation claims processed by the employer's insurance policy.
There are a couple of exceptions, however.
For instance, a factory employee might have had an accident due to equipment that was faulty by design.
While the worker would still be eligible to collect workers compensation, he or she would also be able to sue to the manufacturer in an injury claim due to the faulty product.
The same applies to traffic accidents.
If a bus driver meets with an accident due to a negligent motorist who suddenly cuts into the path of the bus, not only would the incident be grounds for a workplace accident claim, but for a personal injury claim as well.
In other words, the bus driver could potentially collect on two separate claims, not just one.
The same principle applies to employees who make deliveries or do any field work, such as a mail carrier bitten by a dog.
Naturally, successfully litigating two separate claims requires a savvy lawyer, so before selecting one, try to get consultations with at least two attorneys will to work on a contingency basis.
Before any consultation, it's recommended that you collect any documentation you already have (such as receipts for medical prescriptions, logs of any injury-related time taken off from work, etc.
) so that it can be presented to the lawyer.
If you haven't already done so, make sure your work injury is entered into your workplace's accident book (this is often called OSHA 300 log).
Also be sure to file the incident with the proper government agencies, such as OSHA in the US, or HSE in the UK.
OSHA requires that the employer's insurance agency be notified within eight days of an accident, while HSE requires that it be reported if three or more consecutive days are taken off due to the injury.
Even though this is actually the employer's responsibility, you're the one who needs the incident on record.