Compensation System For Medical Care And Lost Wages
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After an injury on the job, many people look to their state’s workers’ compensation system to provide payments for medical care and lost wages. The workers’ compensation programs in both Pennsylvania and New Jersey provide fast, reliable payments to injured workers, but in return, prevent most workers from filing a lawsuit over injuries sustained on the job.
While the workers’ compensation system may limit some types of lawsuits, a person who was injured by the actions of a third party will still have the right to file suit. If the circumstances below apply to your injury, you may be able to seek additional compensation for your pain and suffering.
What Is a Third Party Claim?
When a worker’s injuries are caused by someone who is not…show more content… The amount of money the worker receives will depend on his or her salary prior to the accident as well as the severity of the injury.
While workers’ compensation is invaluable for many injured people, the system does not provide enough money for most people to survive for long. The system does not pay injured workers for their pain or suffering, and most of the time these benefits are simply not enough.
In contrast, a third party lawsuit allows an injured person to seek compensation for all of his or her damages, including damages for pain and suffering and other non-economic damages. This allows injured people a better chance of supporting themselves long term after a serious injury.
In some states, like Pennsylvania, an injured person’s employer may either initiate or join a third party lawsuit. This is because state law allows for subrogation, meaning that any money the employer paid out through the workers’ compensation system can be recouped from the third party settlement or verdict.
Lawsuits against Your Employer
Usually, you cannot sue your employer if you were injured on the job except in certain limited circumstances. For employers, the benefit of carrying workers’ compensation insurance is that they are generally immune to lawsuits. However, there are three exceptions to this rule.
First, you can file a lawsuit against your employer if the company does not carry workers’ compensation insurance. If the