Workers' compensation is an "exclusive remedy" against your employer if you get hurt on the job. This means that you typically cannot sue your employer for pain and suffering if you get hurt on the job. However, if a third party causes the accident that results in back or neck pain, you may have a claim against them. An example of this scenario is when an individual is making a delivery for their employer and they are involved in a motor vehicle accident. If the other driver was found to be at fault for the accident, the injured worker may have both a workers' compensation and a personal injury claim. This option is case-specific, however, and an attorney can help determine whether or not a third-party claim is viable in your case.