If you have suffered an injury at work, you are eligible for workers’ compensation benefits. Workers’ compensation insurance is a no-fault plan that covers workers who are hurt on the job. Workers’ compensation includes medical benefits, which cover the cost of medical care, and it also covers about two-thirds of the regular salary while you are unable to work. Regardless of who is at fault, workers’ compensation benefits will cover a worker who is hurt while on the job. You cannot pursue a personal injury claim against your employer and try to recover pain and suffering. But, if the injury was the fault of a third-party, you might be able to pursue a personal injury claim against that entity. Pursuing a Third-Party Personal Injury Claim As an example, you were working at your job with a piece of machinery. The machinery was equipped with a faulty shut-off from the manufacturer, so you were seriously cut. Because you were on the job, you get workers’ compensation. If you can prove that the machinery was faulty, you can pursue a claim against the manufacturer. This would be a personal injury claim where you can request compensation for pain and suffering. Workers’ compensation will not provide enough compensation to cover all your expenses, and a personal injury claim will cover pain and suffering and will compensate you for the rest of your wages. Pursuing Your Damages from a Third-Party You will need an attorney to help you recover your damages from the third party. Your attorney might also help you with your workers’ compensation claim. Both these claims are challenging and involve negotiating with the insurance companies for the different entities that are involved. A workers’ compensation attorney will help you maximize your benefits by helping you get access to your workers’ compensation benefits and by helping you with the personal injury claim against the third-party. While workers’ compensation is no-fault, you will have to prove fault or negligence for a successful personal injury claim against a third-party. Consult with a Workers’ Compensation Attorney Work injuries caused by third-parties are complicated. If you have suffered an injury on the job that you believe was caused by a third-party, you should consult with a workers’ compensation attorney. You will have an active workers’ compensation claim against your employer because it happened on the job, but you might be able to pursue a personal injury claim against the third party. You will need an attorney’s guidance to help you during this time and to be sure your rights are protected and you get access to the benefits that you deserve during this time. Workers’ compensation attorneys work on a contingency basis, so you have nothing to lose. Strict statutes of limitations apply, so time is of the essence. Complete the Free Case Evaluation Form today to make sure your claim is on the right track and you have the legal representation that you need for your case. Additional Resources I Got Hurt Operating a Machine at Work. What Do I Do? What Types of Injuries Does a Workers’ Compensation Claim Cover?
