There is a number of people who are unwilling to file for work compensation in case of an injury because they believe it may negatively reflect on their work environment and especially on their relationship with their boss.
Hiring a worker comp lawyer usually clarifies what the best course of action is. In fact, The Law Offices of Thomas M. DeBenedetto offer a free consultation to determine if filing a claim is a good idea and if there is something else you can do about your situation.
Inclusion of a third party
If your injury occurs as a result of a third party’s involvement and actions, you have another way ahead of you. You can be given the minimal required compensation due from your employer or insurer, and you can file a separate lawsuit against the third party for negligence.
What constitutes as a third party?
In most jurisdictions, a third party is someone who is not associated with the company. This definition excludes coworkers and superiors of the injured person, even if they are responsible for the injury. A third party is then defined as an entity separate from the employer.
The most common example of a third party lawsuit is a company which makes a defective product which leads to an injury. A good example would be an office chair with a defective backrest which breaks, causing a fall. The chair manufacturer is liable to be sued for any injury sustained as a result of the said fall.
Another common third party lawsuit scenario is car accidents. If a person is going to or from work or is on a business trip, any accident is counted as a work injury. However, if the accident was caused by a third person, it is liable to be interpreted as third party negligence and can have an effect on the work compensation claim. There are numerous other examples of third party liability which can lead to injuries, from slipping on an unmarked wet floor to being injured by a falling light fixture, etc.
When are you entitled to sue?
No matter how or where the accident happened, you must be able to prove that the third party caused the injury through negligence. In the chair scenario from above, it is important to be able to prove that the chair was faulty in order to have any chance of winning in court. In the case of traffic accidents, the case is a bit more straightforward, since the police will investigate the accident regardless of your lawsuit.
If you happen to win a third party liability suit, it can actually help reduce the amount of money taken from your employer by the insurance company, so even your boss should have no issue with you filing this separate claim for what you are due.
If you need to file a claim, you want a good worker comp lawyer. The Law Offices of Thomas M. DeBenedetto is a company that has helped countless people over 26 years, recovering hundreds of millions of dollars to people in need. Contact us for free initial consultation.