Can I Sue a Third Party for a Workplace Injury Even If I Have Already Received Workers’ Compensation?
For most people who are injured at work, workers’ compensation is the only way to receive any damages for injuries. In Connecticut and other states, you cannot sue your employer or a coworker for an injury that occurs at work. But if someone outside of your workplace is responsible for your injuries, you may have a third-party claim.
This raises questions about what types of compensation you can receive and what happens if you receive money from both workers’ comp and a personal injury claim. Learn more now by calling The Dodd Law Firm at 203-272-1883.
Third-party lawsuits are an option when someone who does not work for your place of employment causes your injuries. This can happen in a variety of ways, but common scenarios include:
- You are driving for work when you get hit by a car.
- A piece of equipment at work malfunctions and causes you to become injured.
- A contractor at your job site uses equipment incorrectly or unsafely, which causes an accident.
- A customer or client causes you to become injured, either accidentally or intentionally.
- You are doing deliveries when a customer’s dog attacks you, leaving you wounded.
- You slip and fall at someone’s place of business while doing business there.
Getting Compensated as Quickly as Possible
When people find out that this is an option, they often worry about choosing which type of claim to pursue. Although workers’ compensation is the fastest option, it is also very limited. You can’t receive full income replacement, nor can you receive compensation for pain and suffering.
While a personal injury claim allows you to recover far more in terms of compensation, it’s not guaranteed. When your claim is successful, you could still wait weeks or months for it to be settled.
Luckily, you do not have to choose between workers’ compensation and a personal injury claim. You can seek compensation via both routes, but you can’t receive double compensation for the same injury.
What Happens if Your Third-Party Claim is Successful?
Generally, this means that you start by filing a workers’ compensation claim. This ensures that you get medical coverage for your injuries without having to delay treatment. Additionally, you can start receiving some compensation for lost wages.
In the meantime, you will work with a personal injury lawyer to pursue your third-party claim. If your claim is successful and you receive either a settlement or a jury award, there is one key difference you must know about. Before you receive your compensation, whatever you received from workers’ compensation will be repaid to the workers’ compensation insurance provider. This doesn’t mean you’re losing anything; it just means that the workers’ compensation insurer is being reimbursed for what they spent on your care.
How an Attorney Can Help
If you believe a third party is responsible for your workplace injury, it’s important to talk to an attorney with experience in both workers’ compensation claims and personal injury claims. They can take an in-depth look at your accident and injuries, explain your options to you, and delve into what will happen with both claims.
Filing both types of claims offers the best of both worlds. With workers’ compensation, you are guaranteed medical coverage and payments as long as your injury occurred at work. This gives you the income you need to keep your head above water while you seek further compensation from the liable party.
Should your third-party claim fail, you’ll still at least have received some compensation for your injuries. With a successful personal injury claim, you can get full compensation for your lost income, as well as compensation for pain and suffering or other losses.
Explore Your Legal Options with The Dodd Law Firm
It can be difficult to understand the options available to you when you suffer a workplace injury. Talking to a personal injury and workers’ compensation attorney can help you get a better understanding of what will get you the compensation you deserve. Call The Dodd Law Firm at 203-272-1883 or send us a message online to get started.
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