Can I pursue a lawsuit if I am collecting workers compensation?

Asked over 1 year ago - Big Rapids, MI

Foreman drove off in a truck while I was in the back, hence throwing me from the back and causing head injuries and brain damage. Currently collecting workers compensation but curious as to other avenues that I may have against either company or employee.

Attorney answers (5)

  1. John M Connell


    Contributor Level 19


    Lawyers agree

    Answered . In most all states you cannot pursue a claim against your employer if they have workers compensation insurance and are providing benefits. If there was a third party (not a co employee) that caused the injury then you can pursue that third party action outside of workers compensation. Please check with a workers compensation atty in your state to see if you have any options there.

  2. Michael Ian Rott


    Contributor Level 13


    Lawyers agree

    Answered . I agree with Mr. Connell's response. Additionally, if the foreman is for the job site and not the foreman for your employer...then you should be able to pursue a third party suit (personal injury suit).

    Depending upon the statute of limitations in your state, if the foreman works for your employer and failed to follow certain statutory safeguards, there might be additional remedies under the work comp system. In California there is a penalty imposed for violations of regulations, codes, rules, etc., known as serious & willful misconduct. Consult a lawyer in your area and ask about this.

    Please be advised that the advice provided does not create any attorney/client relationship; that due to the... more
  3. Jason D. Mills


    Contributor Level 6


    Lawyers agree

    Answered . Agree with the statements above. Most states limit your exclusive remedy for bodily injuries while at work, to the workers' compensation system.

  4. George Ellis Corson IV

    Contributor Level 20


    Lawyers agree

    Answered . Probably not.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  5. John F. Ayers III


    Contributor Level 11

    Answered . In some States you might be able to sue the co-worker individually. Usually it needs to be an elevated form of negligence called gross negligence. Check with a local attorney and make sure he or she gets all the facts. They can advise what other remedies may exist. You most likely just have a worker's compensation claim.

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