When a third party causes a workplace accident, you have the right to file an insurance claim or file a lawsuit against them. If the accident was not caused by your employment and was not caused by your employer, workers’ compensation may not be sufficient to cover all of your expenditures.
Investigating injury claims for fault is a sophisticated procedure that benefits from the assistance of a personal injury attorney. As many people pass through work sites and offices, workplace injuries could be caused by a variety of factors.
We’ll go over all you need to know about third-party workplace injuries, as well as the differences between these claims and workers’ compensation claims.
What Is a Workplace Claim From a Third Party?
To comprehend third-party workplace claims, you must first comprehend workers’ compensation. When you are unable to return to work due to injuries received while doing your job, this insurance covers your medical bills as well as a percentage of your normal pay.
Workers’ compensation is not a lawsuit, and you cannot sue your company if you claim for workers’ compensation.
A third-party workplace claim, on the other hand, is either an insurance claim or a lawsuit filed against a party other than your employer. The following are some examples of third-party workplace claims:
- Workers that do not work for the same company as you
- Property owners and contractors
- Tenants who share the same office space as you
- janitorial services
Companies that provide maintenance
Except for your employer, you have the right to submit an insurance claim or a lawsuit against anyone who is liable for a workplace accident. This also applies to other active employees at your place of business. You can’t bring a lawsuit against them while they’re still working for the same company as you.
Third-Party Workplace Claims vs. Workers’ Compensation
Workers’ compensation may be available to you regardless of who caused your workplace injury. However, there is no compensation for pain and suffering or mental agony under this policy. As a result, if your injuries were caused by someone unrelated to your company, you may be able to pursue compensation through a third-party workplace claim.
A third party is frequently to blame when employees incur injuries that they cannot control as a result of someone else’s negligence. The following are some examples of common third-party workplace claims:
When someone is actively engaged in work, they are more likely to be involved in a car accident (not commuting to and from their job)
Accidents involving slipping and falling
Injuries caused by defective tools or machinery
Negligence on the part of the property owner in terms of maintaining safe grounds and creating hazardous working conditions
substances that are toxic
When you can no longer work in the capacity you had before, third-party lawsuits allow you to recover full compensation for your lost pay, overtime, and future wages, but workers’ compensation claims only cover a fraction of your normal wages.
If You Receive a Settlement or Insurance Payout, You Must Reimburse Workers’ Compensation Benefits
If you are successful in filing a third-party claim and get insurance money or a settlement from a lawsuit, the workers’ compensation insurance company may submit a claim for reimbursement of the money they awarded you.
The procedure is known as subrogation, and it is legal. The workers’ compensation insurance company, on the other hand, can only demand restitution for the money it paid out, not for any additional payments you got for things like pain and suffering or money not related to the workers’ compensation claim.
Schedule a free consultation with Geoff McDonald & Associates if you have any queries concerning third-party work claims. We’ll explain your rights and assist you in evaluating your case so you can figure out who is to blame.