First, in order to ever have a worker’s comp claim, you must be “in the course and scope of your employment”.
So, assume this to be true and you are injured by another party. Can you have both a worker’s compensation claim AND a separate personal injury claim?
The answer is yes—so long as your injury is caused 1) by another person or entity and 2) that other person/entity is not a co=employee or your employer.
You are working and driving to a meeting and you are rear ended by another driver. Under AZ law, you can bring both a WC claim, and file a claim against the other driver’s insurance company.
You are working and driving to a meeting and you are rear ended by a co-employee who is following you to the same meeting. Under AZ law, you can bring a WC claim, but not against the co-employee’s insurance company.
It is not always so clear what your situation may be, and, coordinating both claims from the same accident can be tricky.
If you have questions, contact an experienced personal injury lawyer. Remember, at Zachar law Firm, this call is always free.
Don’t guess, get the answers you need, then decide if you need the help we provide Remember, if no recovery for you, then you’ll owe us nothing.