When you’re injured on the job, the process for receiving compensation can get complicated, especially if your injury involves a third party. Injured workers often assume that workers’ compensation is their only option. But depending on the details of your situation, you may also have a valid personal injury claim. The problem is that these two areas of law often overlap, and navigating that intersection requires experience and careful strategy.
At Palace Law, we’ve helped thousands of injured workers across Washington understand their rights and recover the compensation they deserve. If you’ve been hurt at work, knowing how personal injury and workers’ compensation claims can affect one another is important.
Understanding the Difference Between Workers' Compensation and Personal Injury
Workers' compensation is a no-fault insurance system that provides medical care and wage replacement if you’re injured. It covers most work-related injuries—regardless of who caused them—but it also limits what you can recover. For example, pain and suffering are not included in workers’ comp benefits.
Personal injury claims, on the other hand, are fault-based. You can file a personal injury claim if someone else’s negligence caused your injury, even if the injury happened at work. Personal injury claims allow for a broader range of damages, including pain and suffering, loss of enjoyment of life, and future medical expenses.
So, where do the two overlap?
When Can You Have Both Claims?
You may be able to pursue both a workers’ compensation claim and a personal injury claim if a third party—someone who is not your employer or coworker—is responsible for your injury. Common examples include:
- You’re injured in a car accident while driving for work, and the other driver is at fault.
- You’re a construction worker hurt by a subcontractor’s negligence on the job site.
- A defective tool or machine causes injury, and the manufacturer may be liable.
In these situations, workers’ compensation would cover your immediate medical care and a portion of your lost wages. However, the third-party personal injury claim could compensate you for additional losses that workers’ comp doesn’t touch.
How These Claims Interact—and Why It Matters
While you can have both claims, you can’t double-dip. Workers' comp may require reimbursement if workers’ compensation pays for certain damages (like medical bills), and you recover those same damages in your personal injury claim. This is known as subrogation, and it’s one of the most misunderstood aspects of overlapping claims.
The Washington State Department of Labor & Industries (L&I) or your self-insured employer has a right to be reimbursed for benefits they’ve already paid if you receive a third-party settlement or award. Failing to understand this can seriously impact your final recovery.
Also, the timing of your personal injury claim matters. There are statutes of limitation that apply, and evidence can quickly disappear. Working with an experienced attorney early on ensures that your rights are protected and that both claims are handled strategically.
Why You Need an Attorney for Overlapping Claims
When dealing with workers’ compensation and personal injury, your case becomes more complex. A misstep in one area can affect the outcome of the other. At Palace Law, we’re uniquely positioned to help because we handle both types of cases. Our team understands how to coordinate claims, manage subrogation issues, and maximize your compensation.
We believe in standing up for injured workers—not just within the workers’ comp system but wherever they have the right to be heard. You deserve to be made whole, and we’re here to help you get there.
Top-Rated Personal Injury & Workers’ Compensation Attorneys Serving Washington & Oregon
If you’ve been injured on the job and believe a third party may be responsible, don’t wait. Palace Law offers free consultations to help you understand your options. Our attorneys are experienced in both workers’ compensation and personal injury law, and we’ll fight to get you the full compensation you deserve. Contact us today at (253) 544-5935 to get started.
