If I was hurt at work and have been getting workman’s comp and all medical bills paid, will I be entitled to a settlement if and when I am healed enough to go back to work?

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If I was hurt at work and have been getting workman’s comp and all medical bills paid, will I be entitled to a settlement if and when I am healed enough to go back to work?

Asked on May 15, 2015 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't sue your employer (i.e. get a settlement) if you have been accepting Worker's Comp. Worker's Comp is an alternative to a lawsuit--you can get Worker's Comp, or you can sue in many cases, but you don't get to do both. If there was an non-employer or co-worker who contributed to or caused your injury (e.g. an equipment manufacturer, if equipment was defective) you may be able to sue that person or business.


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