If you or a loved one have experienced a serious workplace accident that requires prolonged medical treatment, you should file a claim for workers’ comp benefits.
But if the accident happened due to the negligence of an individual or contractor other than your employer, you may be entitled to additional compensation through a third party negligence claim.
Third-party claims can be filed against independent contractors, manufacturers of defective products or machinery, a single negligent worker (as long as they aren’t a co-worker employed by the same company), or another driver who hit you while you were working.
In third-party cases, an injured worker can sue for their lost wages, medical expenses, pain and suffering, future medical treatment, future lost income, home accommodations and care, and other losses and expenses caused by a serious injury. It’s much different than a workers compensation claim.
Common examples of liable third-parties in work-related negligence claims are:
- Subcontractors on a construction site
- General contractors
- Building and property owners
- Delivery companies
Sometimes, it can be easy to determine the liable party, but in other claims, it may require legal research, expert opinions, and a review of the work site surveillance and medical records to determine who is responsible.
How Long Do I Have To File After A Work-Related Injury Or Illness?
After being injured on the job, the time to file a negligence lawsuit against the subcontractor who caused your injury or illness will depend on whether you have accepted workers comp benefits through a settlement or Compensation Order. Both the injured worker and the workers comp insurance company will have rights against the subcontractor who caused the injury.
Unfortunately, not many lawyers realize an injured worker may have a third-party claim until the statute of limitations has already passed.
We see this a lot with injured construction workers. There tends to be a lot of overlap between the two cases and in order to maximize the compensation and recovery for your serious injury or illness, you should speak to a lawyer who specializes in both workers compensation and personal injury.
Without a specialized attorney on your side, you may make a mistake that could hurt your workers compensation case. For example, if you settle your third-party case you need approval from the workers comp insurance or you will lose your right to continue receiving benefits.
Speak To An Experienced DC Work Injury Lawyer, Frank Kearney
Give us a call at 202-393-3320 to schedule your free and same day consultation with the experienced personal injury experts at Donahoe Kearney.
Don’t delay – filing for both a workers compensation claim and third-party personal injury claim can be a very complicated process. Without the right law firm to guide you through the process, you could potentially make a mistake that could cost you thousands of dollars in benefits.
