Workplace Accidents in Montana
In most cases, experienced workers understand that they have rights under the Montana workers' compensation system whenever an accident on the job leads to a lost-time injury. Injured employees are also generally aware that the workers' compensation system is supposed to serve as their exclusive remedy for work-related injuries. This means that they can't sue their employers or fellow workers for additional damages.
However, in our experience at Edwards & Culver, many workers don't know that a workplace accident might still support a personal injury claim. An application for benefits can proceed at the same time as a negligence lawsuit against a third party. If you can show that someone other than your employer caused your injury, you should be able to collect both personal injury damages and workers' compensation.
Personal Injury Lawsuit vs. Workers' Compensation Claim
The most common example of a work-related injury suitable for personal injury or wrongful death litigation is an accident suffered by a truck driver or other commercial vehicle operator, where the accident was caused by a negligent driver.
Our work accident lawyers also investigate claims that might apply to:
- Mining accidents
- Oil rig accidents
- Logging accidents
- Railroad accidents
- Warehouse or freight yard accidents
- Grain elevator injuries
- Factory or food processing injuries
- Construction site accidents
- Work injury claims related to chemical exposure or environmental hazards
Advantages of Filing a Personal Injury Claim
From the standpoint of the injured worker, the most important advantage of a personal injury lawsuit is the prospect of compensation for a wider range of losses, including future treatment. The value of a personal injury settlement or jury verdict is often many times larger than the overall value of a workers' comp claim.
Contact our office in Billings to learn how the differences between a personal injury lawsuit and a workers' compensation claim might apply in your situation. The consultation is free, and we only recover an attorney's fee if we recover damages for you on your personal injury claims.
How Edwards & Culver Can Help
We can review your situation and let you know whether the facts will support litigation against a third party. We can also give you a reasonably accurate assessment of the potential value of your case, which will come into clearer focus as we develop detailed medical evidence and other information. Our firm advises and represents people in Montana in workplace accident litigation, including those injured on oil rigs here and in North Dakota.