Can I file a personal injury claim along with workers’ comp?

Answer

Yes, depending on the facts of your situation, you may be able to pursue both a workers’ compensation claim and a personal injury—or “third-party”—claim at the same time. This happens when someone other than your employer or coworker causes your injury. For example, if you drive as part of your job and another vehicle rear-ends you, you would have a workers’ compensation case through your employer’s insurance and a personal injury case against the at-fault driver. A Rhode Island workers compensation attorney can help you navigate how these two cases interact, including issues like medical bill reimbursement and lien rights. You can also review our RI workers’ comp benefits to better understand how work-related injuries are handled. In a personal injury case, you may recover pain and suffering, which is not available under workers’ comp. However, if no third party is at fault—meaning the injury was solely related to your employer or coworkers—then you would only have a workers’ compensation case. For more clarity, it may help to explore topics like work-related injury rules or eligibility requirements, which often come up when evaluating third-party scenarios.

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