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Workers' Comp vs. Personal Injury Lawsuit: Which Do You File?

Sometimes you can file both. Learn when a third-party lawsuit is possible alongside your workers comp claim.

Workers' compensation can be confusing, and insurance companies count on that confusion to pay you less than you deserve. This guide explains everything you need to know about workers' comp vs. personal injury lawsuit.

The Key Facts

  • Workers' comp law varies by state — what applies in Florida may differ in California
  • You have strict deadlines — missing them can end your claim permanently
  • Insurance companies have teams of lawyers — you should have one too
  • Most workers' comp attorneys charge nothing unless they win your case

Why This Matters for Your Claim

Sometimes you can file both. Learn when a third-party lawsuit is possible alongside your workers comp claim. Understanding this aspect of workers' compensation law can mean the difference between a denied claim and a full settlement.

When to Contact an Attorney

You should contact a workers' comp attorney immediately if:

  • Your claim has been denied
  • Your employer is pressuring you to return too soon
  • The insurance company is offering a settlement
  • You have a permanent disability or serious injury
  • You've been fired after filing a claim
Bottom line: Workers' comp laws are complex and insurance companies are not on your side. An experienced attorney levels the playing field and statistically results in significantly higher payouts.