Do I File Workers’ Compensation if a Third-Party Is Responsible for My Injuries?

In the overwhelming majority of workplace accidents, the only way a worker can recover some of the damages incurred is through workers’ compensation. However, when an injury is caused by the negligence of a third-party entity while at work, you may wonder if this impacts your ability to pursue a workers’ comp claim. If this reflects your circumstances, the following blog explores what you should know about your legal options and the importance of working with a Florida workers’ compensation attorney to discuss your situation and the best way to proceed.

What Are Common Examples of a Third-Party Injury?

A third-party workplace injury occurs any time you sustain an injury at work caused by someone outside of your company. This can include vendors, independent contractors, clients, and even other drivers if you are involved in an accident while traveling between job sites.

Common examples of third-party accidents include, but are not limited to:

• Assaults
• Car accidents
• Slips and falls
• Injuries caused by improperly maitianined or defective equipment
• Injuries caused by untrained third-parties
• Injuries caused by negligent third parties

How Do I Recover Compensation?

In the event you are injured due to the negligent actions of a third-party entity while at your place of work, you may wonder if you should pursue workers’  compensation or a personal injury claim against the third party. However, in many instances, you may be able to file both.

For many workers, pursuing a compensation claim through their employer is ideal, as workers’ compensation is a no-fault system, so you do not have to prove negligence in order to receive compensation. Additionally, once a claim is approved, an injured worker may begin receiving compensation for medical care and lost wages immediately. This can assist you in the event you also wish to file a personal injury lawsuit against the negligent party. By filing a personal injury claim, you are eligible for a greater payout, as this can help you reclaim all damages, including the full amount of your lost wages, as well as non-economic damages, which are not available under workers’ compensation.

However, you should note that if you wish to pursue a third-party claim after you’ve received workers’ compensation benefits, your employer’s insurer may be eligible to recoup some of the funds they have paid through a process known as subrogation. As such, you should discuss your legal options with your attorney before making any decisions on how to pursue the funds you deserve.

At the Law Firm of Kevin A. Moore, our team can examine your circumstances to help you pick the best option for your unique circumstances, whether that is pursuing workers’ compensation, a third-party claim, or both. When you need help, our team is ready to represent you. Call our office today to learn how we can assist you.