How Do I Handle a Work Injury That was Caused by a Third Party?August 9, 2021
After a workplace accident, an employee can end up with large medical bills and missed work days. Some work-related injuries can even be caused by third parties. In these situations, questions arise about Workers’ Compensation and liability.
If a third party caused the employee’s injury, they may be able to get compensation through a third-party injury claim. However, there are certain elements that must be proven for a successful third-party claim. These include:
- The third party had a duty to prevent the injury.
- Negligence on the part of the third party caused the injury.
- There are losses from the injury, such as medical bills, lost time from work, and other expenses.
What Does Workers’ Compensation Cover?
Workers’ Compensation is a no-fault system, which means that an employee who is injured during their job is eligible for benefits without proving that the employer is at fault. Applying for Workers’ Compensation is a necessary step after being injured at work. When a third party is involved, a worker may also be able to file a personal injury claim.
Compensation for a workplace injury can come from two different sources. Injured employees most likely will receive compensation through the Workers’ Compensation system. Workers’ Compensation is designed to cover expenses related to a variety of injuries and illnesses. Workers’ Compensation can cover:
- Medical care
- Lost wages
Additionally, many workers can apply for additional compensation through a personal injury claim. Generally, compensation will come from one or the other, not both. A personal injury claim requires proof of liability, where Workers’ Compensation does not require fault. Although the two are different, they may intersect in certain situations.
Can I Claim Workers Compensation and Personal Injury at the Same Time?
Workers’ Compensation benefits and personal injury claims cover different expenses and losses. Workers’ Compensation provides approximately two-thirds of the employee’s regular pay during times when they cannot work. A personal injury claim can cover costs outside of lost wages, such as pain and suffering.
A personal injury case arises when negligence caused an injury. The responsible party may pay for all or part of the injured person’s medical bills, pain and suffering, and other issues resulting from the injury.
Using the two forms of benefits at the same time may be possible since they serve different goals. Laws vary by state, and it can be quite complicated. It is best to consult a lawyer for guidance on a third-party work injury case.
Delaware County Workers’ Compensation Lawyers at the Law Office of Deborah M. Truscello Advocate for Workers injured by Third Parties
There are many causes of workplace injuries and accidents. When a third party is involved, the case can become even more complex. If you need help with your work injury case, contact one of our Delaware County Workers’ Compensation lawyers at the Law Office of Deborah M. Truscello today. Call us at 610-892-4940 or complete our online form for a free consultation. Located in Media, Pennsylvania, we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.