Find a Lawyer by Practice
Find a Lawyer by Location
Written by AskTheLawyers.com™
If you have been hurt at work due to an accident or have otherwise developed a medical condition due to the recurring exposure to hazards or other toxins, workers’ compensation benefits can help you in the recovery process. However, workers' compensation may not be your only option for recovering after a workplace accident.
Through workers’ compensation, you may be able to receive disability benefits and pay for medical related treatments. Workers’ compensation laws ensure that injured workers receive benefits when they cannot work. These benefits, however, limit a worker’s rights to a certain degree. Conditions are set in an effort to prevent workers from filing personal injury lawsuits against his or her employer.
These sorts of conditions can prevent a grieving family from recovering these losses after the employee has passed away. The surviving family of a workplace accident victim may not be able to recover compensation for monetary and non-monetary losses. Whether it is a surviving family or an injured worker, another alternative to recovering losses is a third party liability claim.
If you or someone you love has been injured at work and workers’ compensation simply does not cover the losses sustained, speak to an experienced personal injury attorney who can help you seek compensation from a third party. A qualified attorney review the facts of the case and explain your options for seeking restitution.
Under certain state workers’ compensation laws, an employer cannot be held liable for work related injuries. These laws, however, cannot impede workers or the surviving families of deceased workers from filing a suit against non-employers who have inadvertently caused the work-related tragedy to transpire. Filing a suit against non-employers is commonly referred to as a third party lawsuit or a third party liability claim.
There are various circumstances in which a third party can legally be held responsible for a workplace injury. The following are some of the most common examples where a third party liability claim could transpire.
In these and other situations, you may have the option of taking legal action against a third party or non-employer for the incident that contributed to your work-related injuries. Remember: third party claims are wholly separate from filing for a workers’ compensation claim. It is important to understand that both claims can be processed at the same time. Equally important, if you have successfully recovered damages from the third party suit, you may be required to reimburse your employer for workers’ compensation benefits you already may have received.
There are countless forms of injuries that can be sustained in a workplace setting. Some of these can surpass the funds accessible through a workers’ compensation claim. For this reason, third party liability claims are be very important for workers and their families. A worker may sustain injuries that cause short or long term disabilities. He or she may not be able to do that job ever again. In the most unfortunate of cases, a worker may lose his or her life, leaving behind a vulnerable and financially burdened family.
To fully explore your options, speak with a workers’ compensation attorney or personal injury attorney with experience dealing with workplace injuries. They can determine if any third parties played a role in your injury, and help you recover.