When Your Case Qualifies As A Third-Party Claim
Under a regular workers’ compensation claim, there are certain benefits that the injured worker receives. In general, once benefits are approved the worker will receive compensation for the time they are missing from work (usually through temporary total disability or partial permanent disability) as well as certain medical costs. Essentially, when you accept these benefits you are in certain terms limited to the umbrella of workers’ compensation benefits. The public policy is to protect companies and employers from going under because of an accident. It is also to protect workers and making sure their employer has workers’ compensation insurance.
But what about other damages you have suffered because of your work-related injury? What about future medical bills? What about pain, suffering and emotional damage you and your family have endured? The only way to seek and obtain these types of damages is under a third-party liability claim. This is not going from the workers’ comp legal territory into the personal injury legal territory.
Workers’ Compensation And Third-Party Claims
How does a third-party liability claim work? What must happen is a party other than your employer (the third party) must be responsible for your work injury. For example, suppose your employer is a general contractor. However, your construction accident was caused by a subcontractor. The subcontractor would be considered a third party. You could theoretically go after this third-party subcontractor in a personal injury lawsuit. The personal injury lawsuit can go after all types of damages, including pain and suffering.
There are many other types of third-party claim scenarios. From OSHA violations, to faulty inspectors, to product liability claims (damaged or faulty equipment). A rarer instance is when your employer is found to have been wanton or intentional toward your injury. That would then be cause to look at a personal injury claim against your employer. Every work injury case is unique, so it is important to have your case evaluated by an experienced lawyer to see if you qualify for a third-party claim.
Discuss Your Specific Work Injury Today With Our Seasoned Lawyer
Reach out to John Lesaganich, P.C., Attorney at Law, in Peoria, Illinois, as soon as possible after a work injury. He can help determine the best course of action for your individual case. Whether this is through a workers’ compensation claim or third-party liability claim, he can help. Schedule a free initial consultation. Contact us online or call 309-637-4052.