If you were involved in a workplace accident and suffered personal injuries, there are several ways for you to recover compensation.
After a workplace accident, the worker’s first step may be filing a workers’ compensation claim. Generally, worker’s compensation covers an injured worker’s medical expenses, rehabilitation costs, and part of their lost wages, regardless of fault, but the worker will not be allowed to file suit against their employer for their injuries. However, workers who are injured often find that worker’s compensation benefits are not enough, as they do not cover all of the worker’s lost wages or non-economic damages such as pain and suffering.
While the worker may not be able to sue his or her employer, they can go after third parties who are liable for the worker’s accident and injuries. Third party claims can be filed against anyone who is not an employee of your employer but was responsible for your workplace injuries. Workers can file a third-party claim while receiving worker’s comp.
For example, if an employee was driving a company vehicle during the scope of their employment, and was struck by another vehicle, the driver of the other vehicle may be liable for the worker’s damages under a third-party liability claim.
In order to recover damages from a third party, the worker will have to establish that the third-party was negligent. This means the worker will have to establish that the third party owed them a duty that was breached and that the breach of duty caused the accident and their injuries. An attorney specializing in worker’s compensation can help establish this third-party negligence and give you the best chance to recover compensation.