If you were injured while on the job, you may be able to file both a worker’s compensation claim and a personal injury lawsuit. If you are thinking about going down that route, make sure you consider these three things before you proceed:
#1: Was A Third Party Involved?
Generally speaking, a third party has to be involved in the injury that you sustained in order to be able to file both a worker’s compensation claim and a personal injury lawsuit. This third party is legally referred to as a “third party claimant.” A third party claimant is anyone who was involved in your injury and is not an employee for your employers.
One of the most classic examples of a third party claimant situation is if you were driving a vehicle for work purposes and were involved in an accident with another driver who does not work for your employer. In that case, you could file a worker’s compensation claim against your employer since you were on the job at the time, and you could file a personal injury lawsuit against the other driver.
…show more content…
For example, if you were out running errands while on the clock and were involved in a slip and fall case, you could file two claims. Or if you were at another business picking up items and something fell on you and injured you, you could file two claims. There are countless other situations where a third party could be involved other than the three described above.
#2: Will Any Personal Injury Awards Take Away From Your Worker’s Compensation Award?
In some states, if you pursue a personal injury claim for the same situation that you are pursing a worker’s compensation claim for, the money you get may cancel each other
As a tort, it is also possible for the third-party to become liable to the defendant to the action for special damages
If you are injured while on the clock but due to the negligence of a third-party, a professional and experienced law team can help you receive the maximum legal compensation for your pain and suffering. The responsible party is held accountable for your experience while workers' comp covers the medical expenses and your lost wages.
If you have been involved in an unfortunate accident and have got injured in it, you have to suffer not only physical injuries but also financial and emotional setbacks. If you feel that you are suffering because of the negligence of someone else, then you have full rights to file for damages. You will need a skilled Personal Injury Lawyer Bruce Peninsula to file the personal injury claim against the erring party.
Workers compensation laws can be quite complicated. In order for a person to get compensated, the injury must have occurred while the person was working. A person must also be able to prove that the nature of his or her work caused the injuries.
Send a Workers’ Compensation Form to the injured worker. Forward the completed form, a medical certificate and any further documentation to your insurer
To Prepare Your Case: You will need to record the nature of your injury, as well as the events surrounding it, in order to file your claim. Having access to your medical records may be helpful in documenting the health problems you've experienced as a result of your injury. It's also wise to have the cooperation of any witnesses who may have seen you sustain your workplace injury; this can only help your case. To have the strongest case possible, trust Weingast Law to guide you through the workers' comp process.
Every state has a different requirement that each employer must follow when providing workers' comp insurance. Most states allows employers to provide this type of insurance on a voluntary basis. Workers' compensation covers an employee when they have an injury on the job.
If you are injured on the job or while performing job-related tasks, you must report the injury immediately to your Supervisor. If medical assistance is required, you will be referred to a health care professional for treatment. If your injury results in time off from work, you may be eligible to receive Workers’ Compensation payments in accordance with Pennsylvania regulations.
If you are injured on the job, you may be eligible for workers' compensation. For a long term injury, you may be eligible for disability, but in either case, it usually ends with this type of payment. However, there are certain situations when you may be able to file a lawsuit because of your injury. The following are four of these possible situations.
Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury. There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.
Once you have identified the responsible party(s), you need to verify whether or not that party has insurance. If not, you might have to revert to your own insurance policy for possible coverage related to your injuries. In either case, you will want to know which insurance company is carrying the responsible party's coverage and whether or not the circumstances
Denial of a workers' compensation claim can be a major disappointment and another obstacle on your road to health and healing. It's important to understand, however, that all workers' comp cases are carefully deliberated, and, if denied, are always given a reason. Dorrity Law Office, a work related injury lawyer serving the residents of the Jersey City, New Jersey, area, shares four of the most common reasons a workers' compensation claim is denied.
Whether injury is a result of work or not can be challenged along with whether a claim for compensation can be made
Most employers with three or more full or part-time workers must cover them with workers' compensation. Workers' compensation pays the employee medical benefits as well as wage replacement after suffering an injury from a work accident. However, your claim can be denied for a number of reasons. Knowing these reasons will help you avoid costly mistakes because of a denied claim.
To work out whether or not you are eligible to make a personal injury compensation claim, you need to ask yourself a few questions. First of all you need to have actually suffered a personal injury,