Lawyers and clients should be careful when defining the scope of the representation for a personal injury lawsuit involving a workplace injury or jobsite injury. Sometimes, a personal injury at work may give rise to both a personal injury lawsuit and a worker’s compensation lawsuit.
The engagement agreement, also called a supplemental letter as part of a required statutory form for a worker’s compensation lawsuit, between the lawyer and the client must specify which type of case the lawyer will represent. The lawyer may do both, but the letter should specify the exact scope of the representation and include all statutorily-required provisions. For clients, it is important that you talk with your lawyer and ask them if both a worker’s compensation lawsuit and personal injury recovery might be available for your personal injury lawsuit.