Unfortunately, you usually can't sue or file a lawsuit for the same injury twice if you've already received a settlement, whether it was granted out of court or by jury verdict. Typically, if you suffer multiple injuries in an accident, all of those injuries are covered by a single claim. However, if you suffer multiple injuries in multiple accidents, you may need to file multiple claims. Compensation for these claims depends on your unique circumstances, including the type of injury, the severity of the injury, and the overall impact of the injuries on your ability to work.
Do you experience related injuries after the original accident? Our experts know that the physical symptoms of some injuries may not appear until a while has passed. Doctors can diagnose a muscle strain in your back and later realize that you have a slipped disc; or they can diagnose a broken leg from a fall and later find that you have also injured your wrist or hand. If you work in manufacturing, construction, or healthcare, you're more likely to have late health effects from workplace injuries. Please note that you cannot be paid the same expenses twice.
That is, if workers' compensation pays your medical bills and then your personal injury claim also gives you money for your medical bills, you can't keep the extra. Instead, workers' compensation will generally be reimbursed for what you have been paid. Once your refund is withdrawn and your attorney's fees are paid, you will receive the rest of your settlement. An injury sustained on the job doesn't have to be a whole new problem.
The definition of injury includes a recurrence, aggravation, acceleration, exacerbation, or deterioration of any pre-existing injury or illness. It doesn't matter if the pre-existing injury or illness was work-related or not. The good news is that if someone other than a co-worker or your employer caused your injury, you can also file a personal injury lawsuit in addition to a workers' compensation claim. Even when you can't reopen your workers' compensation case, you may be able to file a new lawsuit if your previous injury was aggravated or aggravated by a work activity, either at the same job or for a different employer.
As part of the workers' compensation system, workers injured on the job due to an employer or co-worker error cannot file a personal injury claim against them. In this scenario, the person can file a lawsuit against workers' compensation insurance, as well as against the person at fault for the accident. The workers' compensation program was developed as a way to help employees get the compensation they deserve after an injury while protecting employers from injury lawsuits. If you have a pre-existing injury that did not occur on the job, you are still eligible to claim WorkCover if the recurrence, aggravation, acceleration, exacerbation, or deterioration is work-related.
To be eligible for benefits, you must follow your state's rules for reporting the new injury and filing a workers' compensation claim. If they are hit by a negligent driver while driving between locations, it's a work-related injury, but it also allows them to file a personal injury lawsuit. In a personal injury lawsuit, one can claim all wage losses for all jobs affected by the injury, as well as compensation for the pain and suffering suffered due to the injury. Personal injury claims provide injured workers with an opportunity to recover money for damages for their pain and suffering.
We know how to handle workers' compensation and personal injury claims that arise from the same accident and will keep you informed of what is happening in your case. This is particularly important for small businesses, for whom a personal injury lawsuit could mean bankruptcy. Subcontractors are not employees of the injured worker's company, so they can be held liable with a personal injury claim. An employer will argue that a new claim should not be filed for your recent back sprain, but rather that it should go under the previous claim and they argue this because the previous claim costs you less money or sometimes you don't have any money.
This person can file a lawsuit against their employer's workers' compensation insurance, but they can also file a lawsuit against the dog's owner. . .