If you find yourself injured at your workplace, your gut reaction may be to use worker's compensation to help cover your injuries. However, that is not always your only option. You may be able to make a third party claim to receive even more compensation for your work-related injury. Here is what you need to know about this unique legal situation.
When Is A Third Party Claim Appropriate?
Worker's compensation is one way to receive compensation for a workplace injury that is not too serious or happened unexpectedly. It is going to do the bare minimum to get you to the end of the recovery process since you'll receive payment for medical bills, lost wages, and things of that nature.
A third party claim is not always suited for every workplace injury, but it is appropriate when your accident is due to a huge error on the part of your employer. If there are major safety issues surrounding your job, or severe negligence that led to your injury, you have a valid case for a third party claim. This allows you to receive additional damages that go beyond just breaking even like you would worker's compensation does. A third party claim will allow you to claim pain and suffering damages, which you may deserve for having to go through an injury caused by your employer. Breaking even on your lost wages and medical bills simply is not enough in situations like this.
Are You Forced To Use Just Worker's Compensation Or A Third Party Claim?
If you've started the worker's compensation process, don't feel like you are unable to also move forward with a third party claim. You can actually use both processes to receive compensation from your employer, and many people will work with their own lawyer for each claim. As part of the third party claim, you will not be able to go after your employer again for the same compensation to recover medical bills and lost wages again. Instead, you can use the third party claim to seek out compensation that you were not able to receive under worker's compensation.
Using both worker's compensation and a third party claim can actually help simplify the process of receiving pain and suffering. The injury itself will already have been proven in the worker's compensation claim, and your third party claim can focus on proving why you deserve additional compensation. Contact a job site accident attorney for more information.Share