It is not terribly uncommon for a single case to result in both a workers’ compensation claim AND a personal injury claim.
Consider the following example:
A Virginia delivery driver is injured in an auto accident while driving a company-owned vehicle, and the accident is not his fault. The injured man’s hospital and medical bills, along with partial income, are covered under a workers’ comp claim. BUT, due to some mistakes made on the part of the treating hospital, a second surgery is required, causing him more time missed from the job.
In this case, the worker may able to bring a “third party claim” against the hospital for its mistakes.
“But,” cautions Herndon workers’ comp and personal injury lawyer Doug Landau, “the workers’ comp carrier may have a lien on recovery. Unless there is a licensed, experienced lawyer working on the case — one who actually tries BOTH worker’s comp AND personal injury cases — , this nuance may cost the injured worker settlement money to which he is due.”
Landau and his team at Abrams Landau, Ltd. have a lot of experience with just this type of situation. If you or someone you know has suffered a job-related injury AND subsequent additional injuries due to no fault of your own and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).