Can I File Both a Workers’ Compensation, Third-Party Claim?

Understandably, you may feel lost with your next course of action after you get hurt at work. Not only may you be forced to take time off, but you may also have to deal with the legal burden of recovering what is owed. With this, you may be conflicted over whether your workers’ compensation eligibility waives your right to pursue a lawsuit against the responsible party. Well, in this case, please continue reading to learn whether you can file both a workers’ compensation claim and a third-party claim for your work-related injury and how an experienced Passaic County workers’ compensation lawyer at the Law Offices of August R. Soltis can help you navigate these legal avenues correctly.

What is the difference between workers’ compensation and third-party claims?

First of all, you may make a workers’ compensation claim to get benefits from your employer’s insurance after incurring a workplace injury. These benefits may cover your medical expenses and a portion of your lost wages. This program adopts a no-fault system, meaning you may qualify for this compensation regardless of who was partially or fully responsible for your accident, including yourself. This is unless it is discovered that your injury was sustained due to intoxication, horseplay, or intentional self-harm.

Contrastingly, when you file a third-party claim, you argue that another party was at fault for your workplace accident. This other party may be someone other than your employer, such as the owner of the building where you got injured, the manufacturer of the tool you got hurt with, or otherwise. Rather than an insurance claim, this is more so a lawsuit in which you fight to recover damages not necessarily covered by workers’ compensation, like lost wages beyond the workers’ compensation limit, pain and suffering, and emotional distress.

Can I file a workers’ compensation claim and a third-party claim?

Yes, you may pursue a workers’ compensation claim and a third-party claim concurrently. But in doing so, you must understand how one may affect the other. This is specifically if you are successful in your third-party claim. In this case, your employer may seek reimbursement for the workers’ compensation benefits you have received thus far. This action is otherwise known as subrogation.

This is done essentially because it has been established that a third party other than your employer was responsible for your workplace accident and injuries. Therefore, your employer no longer sees the need to foot your incurred damages. This should not deter you from pursuing both claim types. At the very least, your workers’ compensation benefits may work to provide immediate relief for your initial medical bills and lost wages. This is until you can receive the financial payout from your successful third-party claims in the months or even years thereafter.

Being left with serious injuries and damages may be an isolating feeling. But you must understand that you are not alone in this. Please reach out to a skilled Passaic County personal injury attorney from the Law Offices of August R. Soltis to accompany you on this journey towards recovery, physically, emotionally, and financially speaking.