Workplace Injuries: Workers' Compensation and Third-Party Claims
On Behalf of Rosenthal, Levy, Simon & Sosa | January 18, 2024 | Workers' Compensation
In most cases, workers who get injured from a work-related accident can only recover compensation through a workers’ comp claim. In some cases, however, some workers may be legally entitled to pursue compensation from another party other than their employer. A third party may be a product manufacturer, a driver, a property owner, or an independent contractor. These are called third-party claims.
A Third-Party Claim Can Maximize The Compensation You Recover for Workplace Injuries
Workers’ compensation insurance is the sole remedy against employers, including co-workers, for work-related accidents. Injured workers can receive workers’ comp benefits and will not need to prove fault because workers’ comp is no-fault coverage. However, if a third party’s intentional misconduct or negligent act caused your work-related injury, you may seek additional damages by filing a third-party claim.
But the workers’ compensation insurance isn’t particularly generous and does not provide compensation for noneconomic losses like pain and suffering. In general, you will only receive a portion of the wages you lost when you cannot work due to your injury, or if you are earning less than what you should be earning due to your injury. If it’s possible that a third party contributed to or caused the accident that led to your injury, you can file a personal injury claim against that party for compensation.
You could potentially recover compensation for the full spectrum of your personal injury damages if you secure a favorable insurance settlement or a damage award in court. These damages include all your medical expenses, including future ones, lost earnings, reduced or lost earning capacity, property damage, and noneconomic damages like emotional distress, pain and suffering, psychological trauma, etc.
Ultimately, if both your workers’ compensation claim and third-party claim are successful, you will receive workers’ comp benefits and compensation from the third party liable for your workplace injuries.
Common Examples of Third-Party Claims
Here are some common examples of third-party claims based on intentional misconduct or negligence:
- Injuries from hazardous substances in the workplace – If you suffer or develop an illness because of exposure to toxic substances at work, you may seek compensation from the manufacturer of the toxic substance or the faulty protective equipment that failed to protect you from exposure.
- Injuries from defective products – If defective equipment, machinery, or product caused your work injury, you may have a product liability claim against the manufacturer, designer, or seller of the defective product.
- Motor vehicle crashes – If you were driving for a work-related task and got injured in a crash, you may be entitled to claim compensation from the other party that caused the crash.
- Slip and fall accidents – If you injured yourself in a slip and fall accident due to hazardous conditions at a place you were visiting for work-related purposes, you may have a premises liability claim against the property owner.
Reach Out to Our Seasoned South Florida Workers’ Compensation Lawyer
At Rosenthal, Levy, Simon & Sosa, our Florida workers’ compensation lawyer can help you build a strong worker’s comp claim or denied claim. We can also determine whether you have a third-party liability claim. Reach us online or call 561-478-2500 to schedule your free consultation with our Florida workers’ compensation lawyer.
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