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What should I do if I'm injured by a person who I don't work with while on the job and I also have a personal injury case?

Posted by Robert Scott | Jun 06, 2023 | 0 Comments

Sometimes a worker is injured by by a person who is not a co-worker.

Some examples are:

  • A delivery driver who is hurt when another driver hits his vehicle.
  • A framer working on a construction project is injured by a plumber who works for another contractor.
  • A worker slips and falls on an icy sidewalk while working.

There are lots of other possible examples. But, the critical thing is that a worker injured by a person who is not a co-worker probably has two cases;

  • The first case is a workers' compensation case against the employer.
  • The second case is a personal injury case against the non-co-worker who injured the worker and most likely his or her employer.
  • In unusual circumstances there may be other cases that the injured worker has, but I won't go into those here.

Workers' compensation cases and personal injury cases have similarities. However, they are very different and operate under different rules and deadlines.

An experienced and knowledgeable workers' compensation lawyer can determine if an injured worker has a personal injury case and, if so, how to proceed to maximize the workers' recovery. See more information on this here Workers' compensation and personal injury cases .

Therefore, if you're hurt at work, you must see a workers' compensation lawyer ASAP. That person can tell you if you have a viable workers' compensation case and, also, if you have a personal injury case.

If you do have a workers' compensation case and a personal injury case, it's always better if the workers' compensation lawyer handles both cases because in most cases the workers' compensation insurer is entitled to part of the personal injury recovery for the workers' compensation benefits the WC insurer has paid.

Most workers' compensation lawyers know how to successfully resolve a personal injury case. I know I do. However, there are very few person injury lawyers who know how to successfully resolve a workers' compensation case. And, many do not know how to minimize what an injured worker pays to the WC insurer from a personal injury settlement.

Please call me 505 292-8836 or email me at [email protected] 

About the Author

Robert Scott

“One of the most experienced workers' compensation attorneys in New Mexico.” After graduating from high school in New York, I attended the College of William & Mary on an ROTC scholarship and earned a degree in Spanish. I served four years in the United States Army as an infantry lieutenant.


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Attorney Robert Scott is committed to answering your questions about workers' compensation, employment law, wage theft, personal injury, and wrongful death law issues in Albuquerque.

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