If I was in a car accident at work can I sue the other driver if my employer paid me worker's compensation benefits? Yes, you can have a personal injury case in Wisconsin against the other driver who caused the car accident at work, even if you make a workers compensation claim at same time. If workers comp pays benefits for time missed from work and to the doctors and hospital for medical bills, it has a right to get paid back out of the car accident case but its under a formula in the Wisconsin statutes, Sec. 102.29, which guarantees a recovery for the injured worker regardless of the amount paid by workers compensation. Many law firms handle automobile accident cases, far fewer that handle worker's compensation cases, and there are very few who have extensive experience with both automobile accident and worker's compensation cases. There is an interplay between the two systems and it makes sense to have representation who knows their way around both in order to maximize your recovery.