When a Third-Party Lawsuit is Supported by a Workers’ Compensation Claim
Workplace injuries are very common, and most employees first seek workers’ compensation for their medical care and to replace lost wages. But did you know that in certain situations, you could make a second claim in the case of an injury?
This claim could be made through a third-party personal injury lawsuit. Unlike workers’ compensation, a third-party claim allows recovery for pain and suffering, full wage loss and other damages, which could result in a significantly increased compensation.
Workers’ compensation covers injuries that occur out of and in the course of employment, regardless of fault. Usually, however, there’s a tradeoff involved in this: employees generally can’t sue their employer for negligence. On the other hand, a third-party lawsuit is a different claim, a claim against someone other than the employer whose negligence contributed to the injury.
Common Third-Party Liability Examples
- Motor Vehicle Accidents While You’re Working
Let’s say you were driving for work, and another driver causes an accident. You may pursue a personal injury claim against that driver in addition to workers’ compensation claim. - Unsafe Conditions on a Property Not Owned by Your Employer
If you got hurt while working at a client’s location, like a construction site, delivery location, or on public property, premises liability laws may determine that the property owner or manager may be held liable for your injury. - Defective Tools, Machinery, or Products
Unsafe ladders, defective equipment or tools, or defective safety gear could result in a successful product liability claim against the manufacturer. - Contractors or Subcontractor Negligence
When it comes to multi-employer job sites, like a construction site, a single company’s employee may be injured due to another company’s negligence. An instance like that can create a valid third-party action case.
Third-Party Claims and Why They Matter
As essential as it is in the case of a workplace injury, workers’ compensation only provides limited benefits to you, basically medical treatment and a portion of lost wages. But a third-party lawsuit could allow recovery for:
- Pain and suffering
- Complete lost wages
- Loss of future earning capacity
- Emotional distress
- Property damage
- Future medical care
These types of recognized damages can often greatly exceed what your workers’ compensation claim can provide. Both of these types of claims can proceed simultaneously. While a workers’ compensation claim can pay for treatment immediately, a third-party claim can address the broader effects of the injury. Ideally, your attorney would handle both claims to ensure that they are coordinated and managed efficiently and effectively.
If you or a loved one has been injured, and in the event that you were injured on the job and suspect that another person or company contributed to the accident, our team at BKHC is here to help. Call us for a free initial consultation at 619-842-3232. No fees are incurred by clients unless compensation is awarded.
