Worker’s compensation benefits are intended to be a “no-fault” system that keeps injured workers and their employers from squaring off in court over every claim.
On the plus side of the equation, that typically means that injured workers get access to the benefits they need faster and easier than they would through a civil suit. The negative side of the equation, however, is the fact that workers’ comp only offers a limited amount of benefits. That may not be enough when your injuries are serious and likely to be permanent.
In most cases, you still cannot sue your employer for additional compensation – but that doesn’t mean you are automatically without additional recourse. Many injured workers don’t realize that they are still entitled to file personal injury claims against other parties who may be liable for their conditions.
Third-party claims can provide additional resources
When someone aside from your employer or a co-worker contributes to or causes your injuries, you may have the right to make a “third-party” personal injury claim against that person. Common situations that may give rise to a third-party claim include things like:
- Being hit by a driver who is speeding through a construction zone while you are directing traffic
- A wreck caused by a distracted driver while you are making deliveries for your employer
- Being injured by a defective piece of equipment that breaks in your hands
- Getting hurt when your work vehicle breaks down in the middle of traffic because of a shoddy repair job by the maintenance company
- A traumatic brain injury caused by a slip, trip and fall due to a contractor’s failure to keep their tools and power cords out of the middle of walking areas at a job site
When your injuries are significant and you don’t know if you’ll be able to work again, it’s always important to determine what other kinds of benefits are available. Experienced legal guidance can help you figure out where to look for the funds you need.