WORKERS' COMP AND THIRD PARTY CLAIMS

Workers’ Compensation Insurance guarantees basic medical coverage and disability relief to employees injured on the job.  Employees receive these benefits no matter what the circumstances of the injury are; in other words, the benefits will be the same if the employer is at fault or the employee himself was responsible for the accident.  Agreeing to receive Workers’ Comp insurance means that the injured employee gives up his or her right to seek legal action against the employer for more compensation.  Since Workers-Comp doesn’t cover pain and suffering or the lingering emotional and psychological effects of injury, many people injured at work believe that their settlement isn’t adequate for their needs.

INJURED EMPLOYEES MAY HAVE OTHER OPTIONS FOR COMPENSATION BESIDES WORKERS COMP

Your personal injury attorney can investigate a possible “third-party” liability for your workplace accident.  While your employer may be protected from a lawsuit for accidents suffered at work, a “third-party” can still be held responsible if your attorney can show that they were guilty of negligence or bad faith resulting in physical harm.  For example, if an employee is injured in an automobile accent with a company car, and the impact failed to release the airbag, that employee can pursue BOTH a workers compensation claim AND a civil suit against the car company for the faulty airbag system. 

Defective machinery or exposure to chemicals at work may also lead to a legitimate third-party suit.  Along with your workers’-compensation or personal injury attorney, you should make a determination of who is REALLY at fault for your injury and pursue additional compensation for the disability or lingering pain caused by your accident.

You should also be aware that your employer and his/her workers’ comp insurer can try to claim some of the money you win from a third-party suit.  They might seek reimbursement from your legal settlement for the money already distributed on doctors’ bills and disability payments.  Your personal injury attorney will know the best ways to protect you from the insurance companies and to guarantee you the maximum benefit you are entitled to.  Call us for a case evaluation!

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.