Workers injured during the course of employment may be entitled to compensation not only through a workers' compensation claim, but also through a personal injury claim against third party non-employers. For the injured victim to receive the compensation they deserve, cooperation between the workers' compensation attorney and the personal injury attorney is imperative.
In her article published by Plaintiff magazine, Kimberly Wong illustrates how personal injury attorneys can be of maximum assistance to both the injured victim and the workers' compensation attorney in these "crossover" cases. For example, Wong explains how the workers' compensation case can be beneficial in providing early investigative and discovery opportunities prior to filing the personal injury case.
"Preparing discovery can be quite time consuming for workers' compensation attorneys who typically have hundreds of matters on their caseload," said Wong. "You can make things easier for the workers' compensation attorney by preparing the written discovery, deposition notices, and subpoenas for the workers' compensation attorney to serve."
"You can also take the noticed deposition on the workers' compensations attorney's behalf. This is a win-win situation because the burden on the workers' compensation attorney is greatly reduced, and you have the advantage of crafting the discovery in a way that makes most sense to obtain the evidence you need for the personal injury case."