Sometimes, an injured worker will be able to file for workers’ compensation
and a personal injury claim. Usually, using workers’ comp bars a
worker from suing their employer. But it does not bar them from suing
a third party. For example, if you were hit by a drunk driver while delivering
food for your job, then you can get workers’ compensation and file
an injury claim against the driver for additional and different damages
not provided in workers’ comp.