Workers’ Compensation Insurance and Personal Injury Lawsuits

Workers Comp

In the state of NH, you can pursue a personal injury suit AND collect Workers’ Comp Insurance if a third party (not a coworker or employer) was responsible for the injury.

Workers’ Compensation Insurance provides some financial relief to people who sustain injuries at work; the state of NH requires most employers to carry a workers’ comp policy. This kind of insurance protects employers from lawsuits for negligence or other claims of liability.  Employees can collect Workers’ Comp insurance if they are entirely responsible for the accident or injury at work themselves, or if workplace conditions contributed to the injury. 

Workers’ Comp insurance offers specific, targeted coverage that may not fully satisfy the injured person’s needs.  In general, WC beneficiaries receive 60% of average weekly earnings, reimbursement for medical bills, and some assistance with retraining.  This is usually not enough to make up for the physical and mental hardship of being injured and unable to work.

NH doesn’t allow workers to sue their employer even for willful negligence or malice to recoup personal injury losses.  However, if someone other than the employer or coworker caused or contributed to the workplace injury, then the plaintiff may file a personal injury suit against this person or entity.  For instance, if a delivery truck driver struck with you with his vehicle at your place of employment, you may have grounds for a lawsuit against the driver or his company.

A personal injury suit, if permitted to go forward, will result in a financial settlement between the two parties or will go to trial.  In general, personal injury lawsuits result in a far larger financial award than one would receive through Workers’ Compensation insurance.  If you are suing a third party, the lawsuit may proceed without affecting your Workers’ Comp benefits.  Some states may require you to pay back a percentage of your award or settlement from the personal injury case to the Workers’ Comp insurer. Talk to a personal injury attorney to find out the details of your state’s laws in this area.

In general, you will need competent representation to handle the complex litigation involved in a personal injury lawsuit.  If you believe you have a case, contact a professional right away.
Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.