In many circumstances, an injured worker can pursue both a lawsuit against the responsible third-party, if it’s not the employer, and a worker’s compensation claim.
For example, if an employee is injured on the job while driving a company car because another driver hit them, the injured employee may be entitled to a personal injury lawsuit against the driver of the other vehicle. While pursuing this claim, the injured employee is still able to collect benefits through their employer’s workers compensation insurance. Pursuing a third-party claim can result in additional compensation for the injured worker. Although, this can be a complicated situation because some of the compensation that an employee receives from a third-party claim may negate some of the benefits from the worker’s compensation insurance.