Understanding How Your Worker’s Compensation Claim Impacts Your Third-Party Lawsuit
A workplace often creates dangerous situations for employees who can be injured while on the job. Many employees understand that if they are injured at work, they may bring a ‘worker’s compensation claim’ that will enable the employee to obtain proper medical care and reimbursement for lost wages without filing a lawsuit. However, the employee may also bring a lawsuit against a third party who caused or contributed to the employee’s injuries.
For instance, if an employee is driving a car in the course and scope of his employment and gets into an accident, the employee can initiate a worker’s compensation claim and also sue the driver of the other vehicle that hit him.
Another example would be if an employee who is injured by a defective product at work. Then, the employee could bring a worker’s compensation claim and sue the manufacturer of the defective product. The benefits of bringing a third-party lawsuit while still pursuing a worker’s compensation claim is that in a third-party lawsuit, the injured victim would be entitled to compensation for pain and suffering, which is not included in a worker’s compensation claim.
However, the worker’s compensation carrier who pays benefits to an injured worker, including paying for medical treatment and lost wages, would have a lien against any third-party recovery for the amount of benefits paid on behalf or to the injured employee. For example, if the worker’s compensation carrier paid $100,000.00 for the injured employee’s medical bills and lost wages, the worker’s compensation carrier would have a $100,000.00 lien against any recovery from a third party. So, if the driver of another car caused the injury and the employee sued the driver and recovered $300,000.00 as compensation for his injuries, the worker’s compensation carrier could seek repayment of $100,000.00 in benefits paid from the $300,000.00 recovery from the civil lawsuit.
As part of my job as a personal injury attorney, I would negotiate with the worker’s compensation carrier to reduce their lien in order to put as much money as possible into my client’s pocket. The services I provide in representing my client include working with the worker’s compensation carrier and negotiating with them to the benefit of my client.
It is important to consult a personal injury attorney if you are injured on the job so that a proper evaluation can be made as to whether or not a third-party lawsuit can be brought on behalf of the injured employee. In addition, I work with worker’s compensation attorneys to make sure that you are getting the proper benefits in your worker’s compensation claim.
It is important to consult with an attorney any time you suffer a serious injury on the job so that you can fully understand your rights to obtain proper medical care and reimbursement for lost wages as well as future medical costs and future lost wages as well as compensation for pain and suffering.