Getting hurt at work is stressful enough. Add in questions about which legal path to take, and it gets overwhelming fast. If you’ve suffered a back injury on the job, you might have the right to file both a workers’ compensation claim and a personal injury lawsuit. These systems can work together, but you need to understand how they interact to protect your financial recovery. At Nugent & Bryant, we have handled many cases like this and are happy to help you understand your rights and how to get the compensation you deserve.
Understanding Your Dual Rights
Workers’ compensation pays benefits no matter who caused your workplace accident. You’ll get medical coverage and partial wage replacement without proving anyone was negligent. But if someone outside your employer caused your back injury, you can pursue a separate personal injury claim against that third party.
This happens more often than you’d think:
- A delivery driver hits you in the company parking lot
- Defective equipment from a manufacturer caused your injury
- A contractor’s negligence leads to your accident at a worksite
- Another driver crashes into your vehicle during work hours
You can move forward with both claims at the same time. Each one addresses different parts of your injury and recovery.
What Workers’ Comp Actually Covers
Your workers’ comp benefits usually include medical treatment, a portion of lost wages (typically around two-thirds), and permanent disability payments if your back injury causes lasting impairment. These benefits start relatively quickly. You don’t need to prove fault.
The tradeoff? You generally can’t sue your employer directly for pain and suffering or full lost wages. That’s where a third-party personal injury claim becomes really valuable.
Adding A Personal Injury Claim
When someone other than your employer shares responsibility for your back injury, a personal injury lawsuit opens doors to fuller compensation. You can recover damages that workers’ comp doesn’t touch. Complete loss of earnings. Pain and suffering. Loss of enjoyment of life. Compensation for how the injury affects your relationships.
A New Haven spinal cord injury lawyer can look at whether third-party liability exists in your situation and help you pursue both options.
The Lien Problem You Need To Know About
This catches a lot of injured workers off guard. Connecticut law gives your workers’ comp carrier a lien on any third-party settlement or verdict you receive. They can recover some or all of what they’ve paid out in benefits from your personal injury recovery.
The lien exists to prevent double recovery for the same expenses. If workers’ comp paid $50,000 in medical bills and you later win a personal injury case, the carrier typically has the right to recoup that money from your settlement. It’s frustrating, but it’s how the system works. We negotiate these liens down whenever possible. The goal is to maximize what you actually keep after everyone gets their share.
Timing And Coordination Challenges
Managing two claims simultaneously requires careful coordination. Your workers’ comp case might wrap up quickly while your personal injury lawsuit drags on for months or years. Sometimes we need medical records from the workers’ comp file to support the personal injury claim. Other times, statements you make in one proceeding could affect the other case.
Connecticut follows a modified comparative negligence rule. Your compensation gets reduced if you share fault for the accident. This applies to personal injury claims but not workers’ comp. Understanding how these different standards apply helps us build the strongest case possible.
Medical Treatment Considerations
These separate examinations document the full extent of your injuries. They can support higher damages in the personal injury case. Your choice of doctors and the timing of treatments can affect both claims, so coordination becomes really important.
Back injuries often involve significant medical costs and long recovery periods. Some people need surgery. Others require ongoing physical therapy or even permanent lifestyle modifications. A New Haven spinal cord injury lawyer understands how to structure both claims to address immediate needs while protecting your rights to future compensation. We’ve handled plenty of cases where workplace back injuries involved third-party liability. We know how to coordinate workers’ compensation benefits with personal injury claims, negotiate liens, and fight for the full compensation you deserve. If you’re dealing with a back injury that happened at work, let’s sit down and talk about your options. We’ll create a strategy that addresses both your immediate concerns and your long-term needs.
