Q: Can I sue a company for negligence and file for workers' comp?

A: I will answer this based solely on Mississippi Law. Generally, the answer will be no. In Mississippi, if you work for a company and get injured and they have workers comp coverage then you are limited to recovery toward the company solely in work comp. That is the exclusivity rule in the State. Now if they did not have comp coverage you can sue then in general negligence, but that claim may be hard to prove, as the law is different. The other issue you have to look at is that there is a different statute of limitations that you have to look at to pursue the matter and that if you miss one you could be barred in both.

A: Yes, you can pursue both a workers' compensation claim and a negligence lawsuit against your employer, but there are some important factors to consider. Workers' compensation is a no-fault system, meaning you can receive benefits for injuries or health issues related to your job, even if the employer was not negligent. However, if your injury or health issue is due to the employer's negligence, you may have grounds for a separate lawsuit.

Filing for workers' compensation does not prevent you from filing a lawsuit for negligence, but any compensation you receive from workers' comp may be offset by any damages you recover through the negligence lawsuit. In other words, the company may be entitled to credit for the workers' comp benefits you received if you win the negligence case.

It's important to be aware of the specific details of your case and consult with an attorney who can help you navigate both claims. Pursuing both options can be complex, but it can also give you the opportunity to recover both benefits and damages.