Workers’ compensation systems are in place for the purpose of providing benefits to employees who are injured on the job. Work injuries can happen because of a variety of different causes, and sometimes, those causes are factors that are outside of the job: Car accidents with other drivers, defective product injuries, or harm caused by unsafe property conditions are some examples. If a work accident involves another party, the victim could be entitled to additional benefits that are separate from workers’ compensation.

Filing a Claim

To receive benefits through a workers’ compensation insurance system, injured employees need to follow their company’s claim procedures — generally, this will involve reporting the injury, completing paperwork, and engaging in discussions with the insurance provider.

A third-party injury claim is a civil lawsuit that is brought against the people who are responsible for causing the work injury. It is completely separate from the workers’ compensation proceedings, and will be treated as its own case.

The process of achieving workers’ compensation benefit recovery and a successful third-party injury claim differs not only in how the compensation is pursued, but also what is needed to establish a strong case. To qualify for workers’ compensation, the hurt employee only needs to show that their injury was work-related or occurred at their place of business. It is not necessary to prove that an employer or coworker was at fault — as long as the injury wasn’t a result of misconduct on the behalf of the employee, receiving benefits is usually attainable.

In a third-party work injury case, however, proving fault is an essential element of recovering compensation. The reason for pursuing legal action that is separate from the workers’ compensation process is because another party caused the harm, so proving that is necessary.

The Results

The financial benefits provided by workers’ compensation insurance and third-party claims differ. If an employee receives workers’ compensation benefits, checks will be issued periodically through the state’s system and the employer’s insurance provider. The amount that is provided will be decided on according to the parameters outlined in state laws and the insurance company’s policies.

Conversely, third-party claims are decided through legal processes. To receive compensation from a third-party injury case, an amount will either be agreed upon through settlement negotiations, or by an in-trial verdict.

If you were injured on the job, contact Frohlich, Gordon & Beason, P.A. Send us a message or call (941) 979-9010 to schedule a free consultation.