Can someone have a personal lawsuit in addition to a workers comp suit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can someone have a personal lawsuit in addition to a workers comp suit?
My uncle fell at his job and broke his clavicle, ribs and his rotator cuff. He has had 3 surgeries, and Is not able to work to return to working construction. He does have a workers comp attorney but he wants to know if he is able to have a personal lawsuit against his employer for negligence?
Asked on July 3, 2019 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, you cannot do both. Worker's comp is an "alternative" remedy to a private lawsuit. It is designed to provide compensation much more quickly than a lawsuit, without having to prove employer fault (i.e. that is, with worker's compensation, you are guaranteed compensation, whereas with a lawsuit, you could sue and lose, getting nothing). However, the tradeoff for those advantages is that if you accept worker's compensation, you give up the right to sue--worker's comp is your only compensation. (And also, you can't get as much--for example, no "pain and suffering"--as you might get in a successful lawsuit). You can sue or you can get worker's compensation: you can't do both.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.