Yes. In a situation where the injury was the fault of someone other than the employer, both a workers’ compensation claim and a civil claim may be filed.
Typically, multiple trades are involved on a job site. You can pursue a claim laterally against another trade, such as suing the roofer on a project where you were the painter. This is referred to as a third party claim.
Ideally, workers’ compensation should be settled first, but in some cases, the claims may occur simultaneously. This approach allows for broader recovery, beyond the limitations of workers’ compensation laws.
Our firm does not need to manage your workers’ compensation case in order to pursue a third-party liability claim on your behalf, but we are happy to handle both claims.