If available, personal injury lawsuits can offer a significant compensation opportunity above and beyond worker’s compensation benefits, especially as personal injury recoveries allow pain and suffering, and they are not limited by statute.
Worker’s Compensation and Personal Injury Claims
If you’ve been injured at work, the first form of compensation that should be sought is worker’s compensation benefits. You should immediately report your injury to your employer, which will then trigger the worker’s compensation process.
Worker’s compensation benefits are typically the only benefits available if you are injured at work. In some cases, however, in addition to worker’s compensation benefits, injured workers will also be entitled to seek compensation against another person or company causing their injury. Examples of situations in which other people or companies may be sued include the following:
- Another contractor or subcontractor other than your employer
- The owner of any property upon which you were injured, if such owner was responsible for causing dangerous property conditions to exist.
- The manufacturer of a dangerous product that caused injury, and potentially sellers and resellers in the chain of distribution
- Negligent drivers, if you were injured in a vehicle accident while working, and potentially the employer of the driver for the negligent driver, if they were also working at the time they caused the accident.
The Process for Seeking Recovery Against Non-Employer Third Parties at Fault
The process for obtaining compensation from non-employer parties takes place outside the worker’s compensation process. Typically, a lawsuit is filed against the responsible party(ies), just the same as if your injuries occurred away from work.