In most cases, you cannot sue your employer for a workplace accident. However, the same cannot be said of a negligent third party if they contributed to the accident. You can file a personal injury claim against them and claim compensation for your injuries.
Filing a personal injury claim will not affect your workers’ compensation benefits in any way since it is a separate and unrelated legal proceeding. If anything, it can help you recover more compensation for your injuries.
When can this occur?
Suppose you are driving on a work errand only for a speeding driver to crash into you. Alternatively, a defective product or negligence by an independent contractor at your job may have led to your workplace accident. In all these scenarios, you can hold the negligent parties liable for the damages you suffered due to their negligence.
What you need for a successful claim
Proving negligence is crucial to our claim against a third party. To get compensated, you must show how their negligence caused your accident and the harm or loss you suffered. Simply put, it is like any other personal injury claim, and certain elements must be present for a valid claim.
Get the settlement you deserve
Workers’ compensation benefits only cover medical expenses and a portion of missed wages. However, you can claim the full amount of lost wages and recover damages not covered by workers’ compensation benefits, such as pain and suffering, loss of consortium or disfigurement through a personal injury claim.
Therefore, it helps to understand the steps to take if a third party is wholly or partially responsible for your workplace accident. With the proper information on how things work, you will stand a better chance at getting the settlement you deserve.