Many employers have health plans or workers’ compensation coverage applicable to on-the-job injuries. If you are hurt at work, you may have a claim in addition to your benefits provided by your employer.
Third-Party Claims in Workplace Injury Cases
If you are injured as a result of the fault of a third party, you may have what is known as a third-party claim. An example of this type of claim would be if you were driving in the furtherance of your employer’s business and were involved in an automobile accident as a result of someone else’s fault. You may have a claim for work-related benefits as well as a claim against the at-fault driver. There are many situations where an employee may have a third-party claim, which would allow you to seek benefits over and above any work-related benefits. On some job sites that have multiple companies working on the same project, an injury may be caused by an individual or company not related to your employer, which would allow a third-party claim.
Another situation where an employee may have a third-party claim would be if the employee was injured as a result of dangerous or defective equipment on a job site.
Failure to Carry Workers’ Compensation Insurance
There may also be employee injuries caused by the fault of their employer when their employer does not carry workers’ compensation insurance. These claims may be known as non-subscriber claims and may afford the employee the right to seek damages against their employer. Some claims may be covered by arbitration agreements under their employee benefit program with their employer.
If you are injured on the job, there are legal deadlines that may apply to you that must be met in order to protect your rights. The failure to meet these deadlines may prevent you from recovering for your injury. Our office will evaluate all applicable deadlines if you sustain an on-the-job injury.
FAQs
Can I receive workers’ compensation and still file a lawsuit?
Yes, in certain situations. While workers’ compensation may cover medical bills and a portion of lost wages, a third-party lawsuit may allow you to pursue additional damages such as pain and suffering, full lost income, and future losses.
What are common examples of third-party workplace injury claims?
Common scenarios include vehicle accidents while driving for work, injuries caused by subcontractors on multi-employer job sites, defective machinery or tools, and unsafe conditions on property owned by someone other than your employer.
What if my employer does not carry workers’ compensation insurance?
If your employer does not carry workers’ compensation insurance, you may be able to file a non-subscriber claim directly against your employer. These claims can allow recovery for damages not available under workers’ compensation.