If you were injured at work because of someone else’s negligence, you may have more than one potential source of compensation. In addition to workers’ compensation benefits, you may be able to pursue a claim against a third party who was responsible for causing your injury. If you’re unsure how these options could work together, speaking with a workers’ compensation attorney can help you understand your rights and determine what steps to take next. Let’s take a closer look…
What Is a Third-Party Workplace Injury Claim?
A third-party claim involves someone other than your employer or a co-worker who may be responsible for your workplace injury.
For example, imagine you’re working at a construction site when a delivery driver from another company backs into you. Your injury happened while you were working, so it may qualify for workers’ compensation. But if the delivery driver’s negligence contributed to the accident, you may also have a claim against the driver or their employer.
Other potential third parties can include contractors, subcontractors, property owners, manufacturers, or drivers from other companies.
Can You Receive Workers’ Compensation and Sue Someone Else?
Potentially, yes. These aren’t necessarily mutually exclusive options.
Workers’ compensation is designed to provide benefits for qualifying workplace injuries, while a third-party claim is based on another person’s or company’s legal responsibility for causing your injury.
However, pursuing both types of claims can be complicated. The claims involve different legal standards, parties, insurance companies, and potentially different types of compensation. That’s why it’s important to understand how one claim could affect the other before moving forward.
What Does Workers’ Compensation Cover?
Workers’ compensation generally provides benefits for qualifying workplace injuries without requiring you to prove that someone else was negligent.
Depending on your circumstances, benefits may help cover medical treatment and some of the income you lose if your injury prevents you from working.
Workers’ compensation and a third-party personal injury claim, however, aren’t identical. Understanding the difference can help you determine whether additional options may be available to you.
What Could a Third-Party Claim Provide?
A third-party claim may provide compensation that isn’t available through workers’ compensation, depending on the circumstances of your case.
A third-party lawsuit is based on the other person’s or company’s legal responsibility for causing your injuries. The types of damages potentially available will depend on the facts of your case and applicable law.
This is one reason it can be important to identify everyone who may have contributed to a workplace accident rather than assuming your employer’s workers’ compensation insurance is the only possible avenue for compensation.
What If a Defective Product Caused the Injury?
A defective or dangerous product can sometimes give rise to a third-party claim.
For example, if you’re injured while using equipment supplied by another company and the equipment has a dangerous defect, there may be potential liability beyond your workers’ compensation claim.
Product liability cases can involve complex questions about the product, the manufacturer, the distributor, the warnings, and how the injury occurred. Preserving the equipment and documenting the accident can therefore be particularly important.
What If a Driver Caused My Workplace Accident?
Motor vehicle accidents are another situation in which a third-party claim may arise.
If you’re driving for work and another driver’s negligence causes a collision, you may be entitled to workers’ compensation benefits for the work-related injury while also having a potential claim against the at-fault driver.
Don’t assume that receiving workers’ compensation means you can’t pursue the other driver’s insurance. The interaction between the claims can be complicated, so getting legal advice early can be valuable.
Should You Still Report the Injury to Your Employer?
Yes. Having a potential third-party claim doesn’t eliminate the importance of reporting a workplace injury.
You should notify your employer about the accident and seek appropriate medical attention as soon as possible. Keep records of your treatment, expenses, and communications relating to the injury.
Reporting the injury promptly can help establish what happened and ensure that you take the appropriate steps for your workers’ compensation claim.
What Evidence Should You Preserve?
Evidence can become particularly important when more than one party may be responsible for an injury.
Depending on the accident, useful evidence could include:
- Photographs or video of the accident scene.
- Photographs of your injuries.
- Incident or accident reports.
- Names and contact information for witnesses.
- Medical records and bills.
- Information about the third party involved.
- Product information or equipment involved in the accident.
- Emails, messages, or other communications about the incident.
Avoid throwing away damaged equipment or other physical evidence before you’ve determined whether it could be relevant to a potential claim.
Why Should You Speak with an Attorney Early?
Third-party workplace injury cases can involve overlapping legal processes, different parties, insurance companies, and potentially complicated questions about compensation.
A workers’ compensation attorney can review how your injury occurred, determine whether someone other than your employer may have legal responsibility, and explain how pursuing another claim could affect your workers’ compensation benefits.
That assessment can be particularly valuable when the circumstances aren’t straightforward or an insurance company is disputing your claim.
How Reasonover Law Can Help with a Third-Party Workplace Injury
Being injured at work can be confusing enough without discovering that someone outside your employer may also be responsible. You shouldn’t automatically assume that workers’ compensation is your only option.
At Reasonover Law, we can help you understand the legal issues surrounding your workplace injury and determine whether a third-party claim may be available to you. If someone other than your employer caused your workplace injury, contact us today to discuss your circumstances and learn more about your potential options.