Workers Compensation Claims and Third Party claims – two cases in one

When a worker is injured on the job the worker has a Worker’s Compensation claim. When the injury is caused at least in part by faulty equipment or the actions of another who is not an employee of the same company but a separate and distinct company, the worker may also have grounds for a lawsuit against a non-employer. Such lawsuits are often complex. It is important to start dealing with the separate process for each type of legal action soon after the injury.

The most important thing I do is handle the Workers’ Compensation injury claim first. This is especially important when a death is caused by an injury on the job – or directly related to the job. The Worker’s Comp claim is a “no fault” claim while a lawsuit against an equipment manufacturer requires us to prove fault. This complex relationship requires a lawyer with the experience and knowledge I have gained over 33 years of practicing law. There are separate rules, and separate types of compensation for each legal action. Worker’s Compensation benefits generally include payment of medical bills, 2/3rds your average weekly wage while fully out with the injury, and for any permanent impairment according to a formula that can be very complex.

The potential lawsuit against a third party that helped cause the injury can result in payment of other damages not included in workers compensation recovery, such as pain and suffering.

If you are injured on the job and have serious or permanent injury, or are out of work for at least one week, just call or email me for an appointment to plan what is best for you. Please call (803) 765-2968 or email me at [email protected].

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