Can I seek damages, in addition to workers compensation benefits, from the person or business who caused my injury?
While you are limited to workers compensation as your exclusive remedy against your employer and co-workers, you can still seek additional damages from the person or business who caused your injury. The amount recovered from the person or business who caused your personal injury (after deducting a proportionate share of costs and attorney fees), will first reimburse your employer or insurance company for workers compensation benefits paid. The balance of the recovery will be paid directly to you and treated as an advance payment of any future workers compensation benefits. These situations often arise when you are injured by defective equipment or you are involved in a motor vehicle accident that’s not your fault. You can also get workers compensation and Social Security Disability benefits at the same time. You may be entitled to unemployment and long-term disability benefits under certain circumstances. If you are involved in a motor vehicle accident while working, you could be entit
