I filed workers comp after my Kodiak work crash, did I ruin my lawsuit?

Q: I filed workers comp after my Kodiak work crash, did I ruin my lawsuit?

What the police report says - "on-duty crash," "school-zone collision," or even "swerved for a moose" - does not decide this. What matters is who caused the injury and whether that person or company was your employer or a third party. If only your employer or a coworker caused it, then filing workers' comp probably did not ruin anything because a lawsuit against the employer usually was not available anyway. Alaska's exclusive remedy rule under the Workers' Compensation Act generally means your benefits through the Alaska Division of Workers' Compensation are your main path for wage loss and medical care. If someone outside your employer helped cause it, filing workers' comp usually does not block a separate injury case. Example: you were driving for work in Kodiak and a distracted parent near a bus stop hit you, or a subcontractor on a jobsite created the hazard, or a power tool failed because of a manufacturer defect. In that situation, you can often run two tracks at once: workers' comp against the employer's carrier a third-party claim against the outside driver, contractor, property owner, or manufacturer If you're a veteran and got treatment through the VA, that usually does not wipe out either claim. VA benefits, workers' comp, and a third-party injury claim are separate systems. They can affect reimbursement later, but using VA care does not mean you "chose" the wrong case. The deadlines still matter. In Alaska, report the work injury to the employer within 30 days if possible. A third-party injury lawsuit is usually subject to Alaska's 2-year deadline. Workers' comp has its own filing deadlines with the Alaska Workers' Compensation Board. So no - filing workers' comp did not automatically ruin your lawsuit. It depends on whether the person you want to sue was your employer or someone else.

Question

Accepted Answer

What the police report says - &#34;on-duty crash,&#34; &#34;school-zone collision,&#34; or even &#34;swerved for a moose&#34; - does not decide this. What matters is who caused the injury and whether that person or company was your employer or a third party. If only your employer or a coworker caused it, then filing workers' comp probably did not ruin anything because a lawsuit against the employer usually was not available anyway. Alaska's exclusive remedy rule under the Workers' Compensation Act generally means your benefits through the Alaska Division of Workers' Compensation are your main path for wage loss and medical care. If someone outside your employer helped cause it, filing workers' comp usually does not block a separate injury case. Example: you were driving for work in Kodiak and a distracted parent near a bus stop hit you, or a subcontractor on a jobsite created the hazard, or a power tool failed because of a manufacturer defect. In that situation, you can often run two tracks at once: workers' comp against the employer's carrier a third-party claim against the outside driver, contractor, property owner, or manufacturer If you're a veteran and got treatment through the VA, that usually does not wipe out either claim. VA benefits, workers' comp, and a third-party injury claim are separate systems. They can affect reimbursement later, but using VA care does not mean you &#34;chose&#34; the wrong case. The deadlines still matter. In Alaska, report the work injury to the employer within 30 days if possible. A third-party injury lawsuit is usually subject to Alaska's 2-year deadline. Workers' comp has its own filing deadlines with the Alaska Workers' Compensation Board. So no - filing workers' comp did not automatically ruin your lawsuit. It depends on whether the person you want to sue was your employer or someone else.