Workplace injuries can be complex, especially involving parties other than your employer.
If you’ve been injured on the job and a third party is involved, you may have additional options for compensation beyond traditional workers’ compensation. At the Law Office of James M. Hoffmann, we aim to help you understand your rights and navigate these complicated scenarios.
Understanding Third-Party Workplace Injuries
A third-party workplace injury occurs when someone other than your employer or a co-worker causes your injury while you’re on the job. Common examples include:
- A delivery driver was injured in a car accident caused by another motorist while on a work-related errand.
- A construction worker was hurt by faulty equipment manufactured by an outside company.
- An office worker who slips and falls due to negligent maintenance by the building’s property management company.
In these cases, you may have the option to pursue compensation beyond what workers’ compensation provides.
Workers’ Compensation vs. Third-Party Claims
When you’re injured at work, your primary recourse is typically through the workers’ compensation system. This no-fault system provides benefits regardless of who caused the accident but also limits the compensation you can receive.
Workers’ compensation generally covers:
- Medical expenses
- A portion of lost wages
- Disability benefits
However, it doesn’t compensate for pain and suffering or allow you to recover total lost wages.
In contrast, a third-party claim is a personal injury lawsuit that can potentially provide additional compensation, including:
- Full lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The Process of Pursuing a Third-Party Claim
If your workplace injury involves a third party, you may be able to file both a workers’ compensation claim and a separate personal injury lawsuit against the responsible party. Here’s how the process typically unfolds:
File for Workers’ Compensation
Your first step should be to report your injury to your employer and file a workers’ compensation claim. This can help ensure you receive immediate medical care and wage replacement benefits.
Identify the Third Party
Consider working with an attorney to determine if a third party might be liable for your injuries.
Gather Evidence
Collect all relevant evidence, including accident reports, witness statements, and medical records.
File a Personal Injury Lawsuit
An attorney can assist you in filing a lawsuit against the third party potentially responsible for your injuries.
Negotiate or Litigate
Many cases settle out of court, but your case may go to trial if necessary.
Important Considerations
While pursuing a third-party claim may provide additional compensation, there are several factors to keep in mind:
- Subrogation: If you receive a settlement or judgment from a third-party claim, your employer’s workers’ compensation insurer may have a right to be reimbursed for benefits they’ve paid you.
- Statute of Limitations: In Missouri, you generally have five years from the date of injury to file a personal injury lawsuit, but it’s often advisable to act promptly.
- Comparative Fault: Missouri follows a “pure comparative fault” rule, meaning your compensation may be reduced by your percentage of fault in the accident.
How an Attorney May Be Able to Help
Navigating a third-party workplace injury claim can be challenging. An attorney familiar with workers’ compensation and personal injury law may be able to:
- Identify potential sources of compensation
- Handle legal procedures and deadlines
- Negotiate with insurance companies on your behalf
- Represent you in court if necessary
At the Law Office of James M. Hoffmann, we have experience handling workers’ compensation claims and third-party personal injury lawsuits. We strive to understand the intricacies of these cases and are committed to assisting our clients as they seek compensation.
Consider seeking legal advice if you’ve been injured at work and believe a third party may be involved. Many law firms, including ours, offer free consultations to discuss your case and explain your options. Remember, time can be a factor in these cases, so you may want to seek legal advice promptly to understand your rights and options for potential compensation.
If you’ve been injured at work and believe a third party may be involved, you may want to consider seeking legal advice. Contact us today to schedule a free consultation where we can discuss your case and explain your options. Time can be a crucial factor in these cases, so don’t hesitate to seek legal advice better to understand your rights and potential avenues for compensation.