The general rule is that you cannot sue your employer or a co-employee for personal injury. An injured worker is limited to collecting only workers' compensation benefits. What happens if a worker is hurt on the job by someone other than a co-employee or the employer? For example, what if an employee is required to drive as a part of this job? While on a work mission, the employee is hurt by random motorist running a red light. In that situation, the client would have two cases.
First, there would be a personal injury case against the at fault driver for running a red light, but the worker would also have a workers compensation case since he was hurt while working for his employer. At Sherrod & Bernard, we handle workers' compensation and personal injury cases. Every injured worker who comes in our door, we look to see if they also have a personal injury case.