Don’t Be Confused about Workers’ Compensation and Third Party Workers’ Compensation

Workers’ Compensation is a program implemented by every state in the U.S. to cover medical treatment, lost wages and other compensation for workers who are injured or become sick while on the job. Workers’ compensation also provides benefits for the families of an employee who dies while working. Under state workers’ compensation laws, there is no need to prove fault or liability. Employers agree to pay medical bills and a portion of wages if an injury occurs on the job, and injured workers agree not to sue employers.

How to File for Workers’ Compensation:
Your first step in filing for workers’ compensation is to inform your supervisor about your injury (unless it is an emergency situation). You must inform your employer in writing within 30 days of your injury to be eligible for workers’ comp. Workers’ compensation claims are handled by a state workers’ compensation board.

Third Party Workers’ Compensation Claim
In addition to receiving workers’ compensation, if you are injured on the job as a result of a third party’s carelessness or mistake, you may be able to receive additional compensation with a third party claim. Basically, if you are injured because of a defective part on a piece of equipment, you may have a third party claim against the manufacturer of that equipment.

In a third party injury case, a personal injury lawyer will file a claim against the third party in a civil court of law on your behalf. The claim may allow you to be compensated for medical expenses, all lost wages, loss of future earning capacity and pain/suffering.

If a third party claim is viable, it can mean the difference between only partial compensation or full compensation for all losses for the injured worker.
A third party claim must be filed within two years of the date of an accident.
If you have any questions about workers’ compensation or third party workers’ compensation please call the workers’ compensation attorneys at Rutter Mills.