Should I Pursue My Workers’ Compensation Claim or an Insurance Claim Against the Other Driver?
If you’re injured on the job due to someone else’s negligence, you may be wondering whether to file a workers’ compensation claim, an insurance claim against the at-fault driver, or both. The answer depends on your situation, your goals, and the types of damages you hope to recover.
1. You May Be Able to Do Both
In Texas, it is sometimes possible to pursue both claims. You can file a workers’ compensation claim to cover your past medical bills and lost wages and also pursue a personal injury claim against the other driver for damages.
However, it’s important to note that workers’ compensation has a subrogation right. This means that any compensation you recover from the other driver for the same medical bills or lost wages may have to be repaid to the workers’ compensation insurance. You cannot “double dip” for the same losses.
2. Pros and Cons of Workers’ Compensation
Pros:
No-fault system – You don’t need to prove the other party caused the accident. Even if there’s some question of fault, your medical bills and lost wages are typically covered.
Guaranteed coverage for certain expenses – Past medical bills and lost wages are usually paid, giving you some certainty.
Cons:
Limited types of damages – Workers’ comp does not cover pain and suffering, mental anguish, or property damage. You are restricted to past wages and past medical bills.
Restricted doctors – Workers’ comp may require you to see certain doctors, which could limit your access to specialized medical providers familiar with car accident injuries.
3. Pros and Cons of an Insurance Claim Against the Other Driver
Pros:
Full range of recoverable damages – Through a personal injury claim, you may recover:
Past and future medical bills
Lost wages and future earning capacity
Pain and suffering
Mental anguish
Physical disfigurement
Property damage
Choice of medical providers – You can seek treatment from specialized doctors who understand accident-related injuries and document them properly for your case.
Cons:
Must prove fault – You need to show the other driver caused the accident, which can be disputed.
Potential subrogation – If you already received workers’ compensation benefits, some of what you recover from the at-fault driver may need to be repaid to workers’ comp.
4. How to Decide
The decision often depends on:
Your liability – If there’s any question about fault, workers’ comp may be safer for guaranteed coverage.
Your priorities – Do you want full compensation for pain, suffering, and property damage? Or are you only concerned about covering medical bills and lost wages?
Medical needs – Do you require specialized doctors not approved by workers’ comp?
An experienced personal injury attorney can help you navigate these options, determine the best approach, and maximize your total recovery. Sometimes pursuing both claims makes sense; other times it may not due to subrogation and repayment obligations.
Bottom Line
Workers’ compensation is useful for guaranteed past medical bills and lost wages, but it cannot provide full compensation for all the damages a car accident can cause. A personal injury claim against the at-fault driver can cover the broader range of losses, but may require repayment of overlapping benefits. Discussing your case with an attorney early ensures you make the best decision and protect your rights.
