Can I File a Personal Injury Claim If I Was Injured at Work?

Whether it’s a construction site, office, restaurant, or warehouse, Hoosiers can be found working in any number of occupations. Equally diverse are the various types of injuries that occur in these multiple job settings.

For example, an office worker may suffer from the long-term effects of repetitive motion, such as typing, that leads to carpal tunnel syndrome, while a construction worker is injured instantly from a job-site hazard, such as falling debris.

In either of the above, Indiana law gives Hoosiers the right to file a worker’s compensation claim if they acquire an injury as a result of their employment. (If a worker’s comp claim is denied, the employee may benefit from hiring a worker’s compensation attorney.)

However, in addition to a worker’s compensation claim, certain workers may also have the right to file a personal injury claim for a job-related accident, incident, illness, or other condition.

In this blog, we’ll look at an example of an injured employee with a worker’s compensation claim versus an employee who has a worker’s compensation claim and a personal injury claim.

When Can an Injured Worker File a Personal Injury Claim?

In many instances, your ability to file a personal injury claim for a work-related accident, incident, illness, or condition will depend upon specific liability factors, such as whether or not a third-party (other than your employer) was responsible for the injuries.

To help explain further, the following examples showcase an employee with a worker’s compensation claim and one with a worker’s compensation claim as well as a personal injury claim.

Worker’s Compensation Claim

Helen is a 54-year-old accountant who has spent the last 25 years working for a large finance firm. She has recently began experiencing wrist pain that makes it unable for her to type or perform other basic job-related tasks. After being examined by her doctor, she is diagnosed with carpal tunnel syndrome.

The doctor has ruled that Helen’s carpal tunnel is specifically related to her many years of typing and data input, so she files a worker’s comp claim requesting wage benefits until she is medically cleared to return to work.

Because there is no indication of gross negligence, nor any liability attributed to a third-party that is not her employer, Helen most likely doesn’t have an additional personal injury claim.

Worker’s Compensation Claim & Personal Injury Claim

Paul is a 32-year-old construction worker at a large outfit that focuses on projects located in downtown Indianapolis. While working on the construction of a new high-rise building, he was struck by a driver operating a front-loader and sustained a broken leg that required surgery.

While consulting with an attorney, Paul advises that there were a number of subcontractors working alongside him at this job. As it turns out, one of these subcontractors was responsible for the front-loader work being performed at the site.

In addition to a worker’s compensation claim, it is determined that Paul can also pursue a separate personal injury claim against the third-party construction company providing front-loader services.

In this example, Paul will have a worker’s compensation claim through his employer’s insurance company and a personal injury claim against the subcontractor’s insurance company.

What If I’m Unsure About the Personal Injury Claim?

Due to the various numbers of professions and work environments throughout Indiana, it is impossible to provide examples for every possible work-related scenario that may constitute a personal injury claim.

For example, any number of the following incidents may constitute a personal injury claim if they occur during the course and scope of your job/employment:

• You slip and fall in your employer’s parking lot after the third-party hired to salt and maintain the premises fails to comply.
• You are struck by an intoxicated motorist while making a delivery for your employer.
• You are hit by an Amazon delivery truck while walking through your employer’s parking lot.
• A faulty/defective piece of equipment is responsible for your injury.

The best way to determine whether or not you have the legal right to seek a personal injury claim for a work-related injury is to have your incident reviewed by an independent legal professional.

Specifically, you should seek out the opinion of an experienced attorney that focuses exclusively on Indiana’s personal injury laws.

Depending on your specific circumstances, an attorney may be able to immediately determine whether or not you have a personal injury claim. If they’re initially unsure, they may wish to investigate further in an attempt to identify any potential third-party liability apart from your immediate employer.

About Boulton Law Group

Founded and led by attorney Matt Boulton, Boulton Law Group is an award-winning, Indiana personal injury firm that focuses exclusively on accident-related matters, such as:

• Car accidents
• Semi-truck accidents
• Motorcycle accidents
• Dog bite injuries
• Wrongful death lawsuits
• Slip and falls
• Nursing home abuse
• Bicyclist injuries
• Pedestrian accidents

In addition to a track-record of success, Boulton Law Group is also known for its approach to client care. Our “Get Treated Like Family” motto isn’t just a saying. We truly aspire to provide each client with excellent personal care and ensure their case receives a custom legal strategy.

If you’re unsure whether or not your work-related injury, accident, incident, illness, or condition may entitle you to seek a personal injury claim, you can send us your details by using our confidential, free contact form.

Boulton Law Group offers every injured Hoosier a Zero Fee Guarantee, meaning you will never pay for a consultation, and you owe the firm nothing unless we are hired and a recovery is made on your behalf.