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Can I file a personal injury claim when I have a workers comp claim?

You were injured on-the-job. You have either received workers' compensation or have brought a workers' compensation claim. Yet, you wonder if there is more compensation available for you. Can you also bring a personal injury lawsuit for a San Bernardino workplace accident?

The answer to that question, like many legal answers is: It depends. Workers' compensation is a form of insurance put in place to protect employers when their workers are injured on-the-job. In most cases, it prevents employees from bringing personal injury lawsuits against employers and generally compensates workers for their injuries. Unfortunately, the compensation may not be enough to cover all of a workers' injuries and lost income.

Depending on the facts your case, you may also have a personal injury claim against someone else who injured you. For example, if you were involved in a car accident while on the job, you may have a workers' compensation claim as well as a claim against the driver who injured you. If a subcontractor caused your injury while working a contracting job, you may also be able to bring a workers' comp claim against your employer and a personal injury claim against the subcontractor.

The intersection of personal injury law and workers' compensation law is nuanced. For that reason, we strongly suggest speaking with an attorney familiar with workplace accident law before you file any claims.

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