When you are injured at work, workers’ compensation is often the first line of defense. However, it may not cover all your expenses. That is where third-party claims come in. Let us explore how these claims can help you recover what workers’ comp does not cover.
What are third-party claims?
Third-party claims are legal actions against someone other than your employer who may be responsible for your work-related injury. This could be an equipment manufacturer, property owner, driver or contractor.
For example, if you suffered injuries from a slip-and-fall accident at a vendor’s office, you might be able to claim compensation due to premise liability.
Expenses not covered by workers’ comp
Workers’ comp typically covers medical bills and a portion of lost wages. However, it does not account for:
- Pain and suffering
- Full lost wages
- Loss of future earning capacity
- Emotional distress
By pursuing a third-party claim, you may be able to recover these additional costs. This can significantly reduce your financial stress and provide a more complete compensation for your injury.
The process of filing a third-party claim
Filing a third-party claim involves several crucial steps:
- Identify the responsible party: This could be any party other than your employer whose actions or negligence contributed to your injury.
- Gather evidence: Collect documentation, witness statements and expert opinions to prove the third party’s negligence.
- File a claim or lawsuit: Your attorney will submit the necessary paperwork to initiate legal proceedings against the responsible party.
- Negotiate or go to trial: Many cases settle out of court, but if an agreement cannot be reached, your case may go to trial.
- Receive compensation: If successful, you will receive a settlement or court-awarded damages.
While this process can take time, it often results in a more comprehensive recovery than workers’ comp alone.
Why it matters
When you cannot work due to an injury, it could impact your quality of life and lead to financial burdens. By exploring all available options, including third-party claims, you can focus on healing without the added stress of mounting bills and lost income.
If you are struggling financially after a work-related injury, consider consulting with a workers’ comp attorney to explore your options for a third-party claim. It could make a significant difference in your recovery and financial stability.