Workers’ Compensation Third Party Work Injuries
Under Workers’ Compensation laws, the general rule is that an employee injured in the course and scope of his or her employment cannot bring a civil lawsuit against the employer. In the vast majority of cases, the only recovery available to the injured worker is that which is awarded through Workers’ Compensation.
More often than not, however, the amount awarded through Workers’ Comp will be less than the amount necessary to fully compensate the injured employee for all the losses he or she sustained as result of the incident. Here, a Greenville Workers’ Compensation attorney will explain what your options are in such an instance.
If someone else or some other entity was legally responsible for the employee’s injuries, then that employee can seek a recovery from that other person or entity. This is known as a third party work injury case.
Initially, it is important to understand who the players are:
- The injured party is the “first party”;
- The employer is the “second party”; and
- Any person or entity legally responsible for the worker’s injuries is the “third party.”
Examples of situations where an employee is on the job and there also may be a third party work injury case include:
- A defective product manufacturer;
- An automobile accident;
- A construction accident; and
- A slip and fall accident.
Each situation is different and requires the expertise of an experienced Greenville Workers’ Compensation attorney to determine if the facts of the specific case warrant such a claim. If so, the benefits to the injured worker of prevailing on a third-party claim cannot be minimized.
Because any third-party claim is brought as a civil lawsuit with the injured worker as the plaintiff and the third-party entity as the defendant, the limitations of the Workers’ Comp system are not in effect.
Unlike recoveries in Workers’ Comp, a third-party claim entitles the injured employee to full wage reimbursement, the potential for compensation for pain and suffering, the potential for loss of future earnings and perhaps punitive damages.
In most instances, an injured employee’s recovery under Workers’ Comp does not preclude a third-party work injury lawsuit.
If you have been injured in a workplace accident and are considering filing a third-party work injury lawsuit, do not hesitate to contact the experienced Greenville Workers’ Compensation attorneys at The Dennison Law Firm today. The initial consultation is free of charge.