Tag Archive for: third-party case

Can I Sue a Third Party for a Workplace Injury Even If I Have Already Received Workers’ Compensation?

/by

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 Claims

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.

Third party cases

/by

If you’ve been injured at work and you have started the process of seeking workers’ compensation, you may have heard the term “third-party claim” thrown around. While a third-party claim is not always an option after a workplace injury, when it is, it can significantly increase the amount of compensation you may receive.

It all starts with choosing the right lawyer for your claim. Get started now by contacting The Dodd Law Firm at 203-272-1883.

What is the Difference Between a Workers’ Comp Claim and a Third-Party Claim?

While both of these types of compensation aim to make you whole after a workplace accident, they are different in several key ways. Workers’ compensation is a type of protection offered to employees who are injured at work, regardless of who is at fault.

It’s essentially a deal between the workers and the company—it protects companies from personal injury claims and ensures that employees receive some form of compensation without having to prove someone else’s negligence. Part of this trade-off is that your compensation is limited. Employees are generally entitled to up to 75% of their average weekly wage and coverage of their medical expenses.

Third-party claims are personal injury claims against someone who is not your employer or anyone who is employed by the company you work for. Like any other personal injury claim, you must prove the other party’s negligence and their role in your injuries.

Knowing If You Can File a Third-Party Claim

Everything depends on who is responsible for your injury. Consider, for example, a conventional office job. One of your coworkers drops a printer on your foot while trying to move it into their office. It shatters several of your foot bones and leaves you off work for weeks, during which you collect workers’ compensation. Since the person responsible for your injuries is a coworker, you cannot bring a personal injury claim against them, no matter how obvious their negligence may be.

Consider another example. You have a sales job that involves driving from client site to client site. One day while traveling between sites, you get T-boned by a negligent driver who was texting while driving. This person does not work for your company but is obviously responsible for your accident. In this situation, you would have a third-party claim.

Some of the parties commonly involved in third-party claims include;

  • Drivers who hit you while you are driving and performing work duties
  • A contractor, subcontractor, or freelancer on a job site
  • The party who owns the property where you are injured, assuming that your employer does not own it
  • The manufacturer of a product that caused your workplace injury

Where Should You Start?

You should generally start with workers’ compensation. The waiting period is much shorter and doesn’t require that you prove negligence, so you can start getting treatment and partial income replacement right away. You can then start the process of a personal injury claim, which may give you the chance to recover more compensation.

Keep in mind that any benefits you receive from workers’ compensation will need to be repaid if your third-party claim is successful. That money is generally repaid from your settlement or court award before you get your portion.

Using an Attorney is the Best Way to Protect Yourself

A workplace injury can leave you stressed and overwhelmed, but you should still move quickly to explore your options. You generally only have a limited time frame to file a personal injury claim, and evidence has a short shelf life. If you don’t gather evidence right away after an injury, you’ll likely lose it forever. If you consult a workers’ compensation attorney, they will be able to look at the details of your case and figure out whether or not a third-party claim is an option for you.

Contact The Dodd Law Firm to Explore Your Legal Options

We’re here to help you as you begin the process of recovering from a workplace injury. Set up a time to talk to our team now by reaching out online or calling us at 203-272-1883. Whether you have a straightforward workers’ compensation claim or a third-party claim, we will be by your side the entire time.