Workers’ Compensation Third-Party Claims
For people who are injured in the workplace, a workers’ compensation claim is the most common way of recovering money to pay for losses. In fact, workers are barred from filing a lawsuit against their employers if the employer carries workers’ compensation coverage. Employers are immune from liability.
However, filing a workers’ compensation claim may not be the only option for recovering damages. In some cases, a third-party liability claim may be an option if someone other than your employer or a co-worker did something wrong to cause your injury.
At the law offices of Morgan, Collins, Yeast & Salyer, our experienced workplace injury lawyers can help you to understand third-party claims and your potential right to recovery. Reach out to us today to learn more about how we can assist you.
Understanding Your Rights Beyond Workers’ Compensation
In exchange for no-fault benefits (workers’ compensation insurance), employees are barred from holding their employers liable for injuries. However, that doesn’t mean that there are no situations where a worker may pursue a personal injury claim.
If you can prove that the negligence of a third party (someone other than your employer or a co-worker) caused your injuries, you may file a lawsuit against the at-fault party. Examples include:
- The owner of a property where you were working that had a dangerous condition on it (that caused your injuries) which the property owner failed to remedy
- The manufacturer of a defective and dangerous piece of equipment
- The manufacturer of a dangerous material or substance to which you were exposed
- The driver of a motor vehicle who hit you while you were driving on the job
This list is not exhaustive. There may be another third party whose actions led to your harm. Our attorneys are ready to investigate your accident to see who else may be liable.
Damages We Can Help You Pursue in a Work Accident Lawsuit
Claimants are limited in the types and amounts of damages that you can recover when filing a workers’ compensation lawsuit. If you pursue a personal injury claim, there will be no cap on your damages.
In a third-party work accident lawsuit, you can seek compensation for the full extent of your medical bills, lost wages, property damage costs, pain, suffering, and emotional distress. When filing a workers’ compensation lawsuit, on the other hand, you will be limited to recovery for your medical expenses, and then a portion of your wages in the form of disability benefits. Damages for pain and suffering are not available in a workers’ compensation claim.
Types of Injuries in a Workplace Accident
The range of potential injuries that a worker may suffer in a workplace accident is extensive. Our lawyers have worked on injury cases involving a wide array of workplace injuries, and we are prepared to represent you.
Types of injuries that are common in on-the-job accidents include:
- Burn injuries
- Electrocution injuries
- Crush injuries
- Bone fractures
- Traumatic brain injuries
- Spinal cord injuries
- Soft tissue injuries
- Psychological injuries
We also work with workers who have suffered harm as a result of exposure to an occupational hazard, such as chemical exposure that has resulted in an occupational disease. We work with workers who have suffered catastrophic injuries, as well as the families of those who have suffered the loss of a spouse or parent as the result of a workplace accident.
How Our Kentucky Work Injury Lawyers Can Help
Whether you are filing a personal injury claim, a workers’ compensation claim, or another type of third-party claim, our lawyers can help. We will work hard to:
- Investigate your case and determine the cause of your accident and who should be held liable.
- Help you understand the types of recovery options available to you (a workers’ compensation claim, a personal injury claim, a disability claim, etc.).
- Gather evidence to support your case.
- Handle all paperwork, documentation, and legal filings associated with your claim.
- Negotiate for a settlement.
- Represent you in court if necessary.
Our lawyers are experienced in handling workers’ compensation claims, personal injury claims, third-party liability claims, and disability claims, including both Social Security Disability Insurance (SSDI) claims and claims against private disability insurance providers. We have years of experience behind our name and a reputation of success.
How Much Does it Cost to Hire a Work Injury Lawyer?
Many workers who are injured in a workplace accident are hesitant to hire an attorney because they are worried about the cost. However, our lawyer work on a contingency-fee basis. This means that there are no hourly fees and no upfront costs.
Instead, we agree, in advance, to a fee arrangement where the attorney is entitled to a percentage of the client’s compensation only if and when compensation is recovered. The attorney manages all upfront costs associated with the claim. If the attorney fails to recover a settlement on the client’s behalf, then the client will not owe the attorney any payment for their services.
This means that hiring a lawyer won’t cost you anything out of pocket. This way, hiring a lawyer for representation during a workers’ compensation or third-party liability claim is affordable for everyone.
Get the Legal Help You Need Now
Getting hurt on the job can be terrifying. What can be even more frustrating, though, is not being offered the settlement that you deserve or not even having the option to pursue compensation for the full value of your losses.
At the offices of Morgan, Collins, Yeast & Salyer, our Kentucky workers’ compensation and personal injury lawyers want to help you seek maximum compensation for all your losses. We believe in putting our clients first, and we will work hard for you.
Contact us today to schedule your free consultation.