At Wanko Workers’ Comp Lawyers, we often hear from clients who have been injured in car accidents while performing their job duties. One of the most common questions we get is whether they can file both a workers’ compensation claim and a personal injury lawsuit. In Louisiana, the answer is sometimes yes, depending on the circumstances of the accident. Knowing how these two types of claims interact is essential to making sure you receive the full benefits and compensation you deserve.
How Workers’ Compensation Covers Auto Accidents at Work
Workers’ compensation is designed to cover injuries that occur on the job, including those caused by auto accidents. If you were driving for work purposes—for example, making deliveries, traveling between job sites, or running an errand for your employer—you are generally eligible for workers’ compensation benefits. These benefits include medical treatment, wage replacement if you cannot work, and in some cases, disability payments.
The benefit of workers’ compensation is that you do not need to prove fault. Even if the accident was partially your fault, you may still qualify for benefits as long as you were performing job-related duties at the time of the crash. However, workers’ comp only provides limited benefits and does not cover damages like pain and suffering.
When Can You File a Personal Injury Claim?
In addition to workers’ compensation, you may also have the right to file a personal injury lawsuit if another party was at fault for the accident. This is often called a “third-party claim.” For example, if a negligent driver caused the crash while you were driving for work, you could pursue a personal injury lawsuit against that driver in addition to your workers’ comp claim.
A personal injury claim allows you to recover damages that workers’ compensation does not cover, such as pain and suffering, emotional distress, and full wage loss. In some cases, you may also seek punitive damages if the other driver’s conduct was reckless or intentional. This combination of claims can make a significant difference in your financial recovery after a serious accident.
Can You File Both Claims at the Same Time?
Yes, it is possible to file both a workers’ compensation claim and a personal injury lawsuit after a work-related auto accident in Louisiana. These claims are separate but related. Workers’ compensation provides immediate medical and wage benefits, while a personal injury lawsuit targets the responsible third party for additional damages.
One important factor to understand is that if you receive compensation from both sources, workers’ comp may have a lien on part of your personal injury recovery. This means your employer’s insurance company may seek reimbursement for the benefits it paid once you receive a settlement or judgment from the third party. Our attorneys at Wanko Workers’ Comp Lawyers help clients manage these overlaps so they maximize their recovery without surprises.
What If the Accident Was Your Employer’s Fault?
In most cases, workers’ compensation is the exclusive remedy against your employer, which means you cannot sue your employer for negligence. However, you may still file a personal injury lawsuit against another responsible party, such as the driver of another vehicle, a subcontractor, or even a manufacturer of defective equipment that contributed to the crash.
For example, if you were injured in an accident caused by faulty brakes on a company vehicle, you may have a product liability claim against the manufacturer in addition to your workers’ compensation claim. These situations can be complex, which is why having legal guidance is so important.
What Evidence Strengthens Your Claims?
Both workers’ compensation and personal injury claims require strong evidence. For workers’ comp, it is essential to report the accident to your employer immediately, seek medical treatment, and follow up with all required forms. For a personal injury claim, additional evidence such as police reports, photographs of the accident scene, witness statements, and medical documentation will be crucial.
At Wanko Workers’ Comp Lawyers, we collect and organize this evidence on behalf of our clients. We know that insurance companies often try to minimize payouts or deny responsibility, and we fight to make sure the facts of the accident are clearly presented.
Why You Should Work With an Attorney
Handling both a workers’ comp claim and a personal injury lawsuit at the same time can be complicated. Insurance companies and defense attorneys may try to take advantage of workers who do not understand how these systems interact. Our legal team makes sure your rights are protected at every stage of the process, from filing initial paperwork to negotiating settlements and going to trial if necessary.
We also help manage potential conflicts between the two claims, such as workers’ comp liens, so that you receive the maximum compensation possible. Our experience with workers’ compensation law in Louisiana allows us to provide comprehensive representation for clients injured in work-related car accidents.
Contact Wanko Workers’ Comp Lawyers Today for Help With Work-Related Auto Accident Claims
If you were injured in an auto accident while working, you may have more than one path to compensation. At Wanko Workers’ Comp Lawyers, we help injured workers across Louisiana pursue workers’ compensation when possible. Our attorneys know how to identify all potential sources of recovery and fight for the benefits and damages you deserve.
Do not let insurance companies tell you that workers’ comp is your only option. Contact us today to schedule a consultation and learn how our team can help protect your rights after a work-related auto accident in Louisiana.
