When Can a Negligent Third Party Be Held Liable in a Work Accident?

If you are injured at work, it leaves you in a very vulnerable position that may include mounting medical bills and lost earnings. While workers’ compensation insurance covers you on both these counts, it is not based on negligence, and you cannot sue your employer for more comprehensive damages. If, however, you are injured as a result of a third party’s negligence, you can seek the compensation to which you are entitled via a personal injury claim. This distinction is complex, and these cases are challenging, which makes having an experienced Virginia workers’ compensation attorney on your side a wise move. 

Workers’ Compensation

In order to better understand what a third-party claim is, it’s important to have a solid understanding of workers’ compensation. Employers are required to carry workers’ compensation insurance on their employees. If an employee is injured on the job, workers’ compensation is designed to expedite the claims process while balancing the rights of both parties via the following give and take:

• Employees give up the right to sue their employers for negligence but can seek compensation for necessary and reasonable medical costs at a specific percentage of lost pay. 
• Employers give up the right to fight their employees’ claims but are not drained by costly and time-consuming court cases. 

The Involved Third Party

Third-party claims refer to claims against parties other than your employers or those who work for your employers. Common examples of third parties in third-party claims include:

• Subcontractors
• Workers who are employed by different companies
• Owners of job-site properties
• Drunk or otherwise negligent motorists – in accidents that occur during transportation

Seeking Just Compensation

Third-party claims allow injured employees to go after more comprehensive compensation that fills the gaps inherent to workers’ compensation claims, including:

• Medical expenses – both current and future, including costs related to secondary concerns and complications
• Lost earnings that extend to an interrupted career trajectory or lost earning potential
• Physical and psychological pain and suffering, which can have tremendous emotional consequences but isn’t covered by workers’ compensation

Bringing Your Strongest Claim

Depending upon the circumstances involved, you may file both a workers’ compensation claim and a third-party personal injury claim. The steps forward include:

• Seek the medical attention you need as quickly as possible
• Let your supervisor, boss, or employer know that you were injured on the job
• Consult with a dedicated workers’ compensation attorney who has ample experience  successfully handling third-party claims
• Look to your attorney to build your strongest claim, which includes gathering powerful evidence and skillfully negotiating with the involved insurance company or companies for compensation that covers your losses in their entirety.  

An Experienced Virginia Workers’ Compensation Attorney Can Help

If a third party leaves you injured on the job, the formidable workers’ compensation attorneys at Hampton Injury Law PLC are well positioned to employ their impressive legal skill and experience in focused pursuit of your claim’s best possible resolution. Learn more by contacting us today.