Personal Injury

If an accident does not occur during the course of employment, you may still be entitled to receive compensation if the accident was caused by the negligence of another person. Examples of such negligence claims include: motor vehicle accidents, slip and fall accidents, injuries caused by a dangerous product, negligent security resulting in a criminal assault, and negligent supervision. Such claims may be filed either in the State(s) where the respective parties reside, or where the accident occurred. If you are contacted by the other party’s insurance carrier following an accident, and that carrier wishes to negotiate a settlement for personal injuries, you should call an attorney prior to signing any Release Agreement. With regard to motor vehicle accidents, you should immediately report the accident to your own insurance carrier, in order to obtain coverage for your medical bills and any damage to your vehicle.

If the accident did occur at the workplace, you may have two possible claims — a negligence claim in addition to a workers’ compensation claim. In general, an employee cannot file a claim for negligence against his employer. However, if you are injured during the course of your employment, and the accident was caused by a third party unrelated to you employer, you may sue that third party for negligence, in addition to collecting workers’ compensation benefits. The workers’ compensation carrier will have a “lien” on your third party claim, for any benefits it paid out to you. If negligence was clearly committed, the compensation available in a third party claim is generally more generous than the benefits allowed through the workers’ compensation system. Accordingly, both claims should be pursued if possible.