Another common situation is when an employee at a construction, manufacturing or assembly plant is injured by a defective machine or device. In that case, the employee will again have a workers comp claim against the employer and he may also have a products liability case against the manufacturer of the machine that caused the injury, assuming that other facts would support that claim.
Pursuing both claims does not always make sense financially. This is because the workers comp insurer has lien recovery rights against any recovery for the same injury in a related personal injury case. In other words. If you have to pay a significant portion of your personal injury case to reimburse the workers compensation fund, then it might not be worth pursuing that second case at all. On the other hand, if you have suffered a serious injury and there is a potential for recovering a significant settlement or a trial verdict in your injury claim, then pursuing both claims might be in your best financial interest. This is especially the case if the conduct of the party at fault in your case was especially negligent or egregious.
An experienced personal injury attorney should be able to review and analyze the facts of your injury and advise you whether it makes sense for you to pursue both cases or whether you should just limit you legal remedies to your workers comp claim.