Auto accidents while on the job can be complex, especially when a third party is at fault. Workers must navigate both workers’ compensation and third-party claims to seek full compensation.
It’s important to understand how injured workers can pursue compensation from a negligent third party.
Understanding workers’ compensation and third-party claims
Workers’ compensation provides benefits for medical expenses and lost wages regardless of fault. However, it typically doesn’t cover pain and suffering or other damages. Injured workers can file a third-party claim to seek additional compensation from the negligent driver responsible for the accident.
Documenting the accident
Thorough documentation is necessary. Workers should report the accident to their employer immediately and ensure an official accident report is filed. Gathering evidence at the scene, such as photographs, witness statements, and police reports, strengthens the case. Keep medical records detailing the injuries and treatment received to support the claim.
Consulting with an attorney
An experienced personal injury attorney can guide workers through the process of filing a third-party claim. Attorneys can help identify all liable parties, gather necessary evidence, and negotiate with insurance companies. Legal representation ensures that injured workers understand their rights and receive fair compensation.
Filing the third-party claim
The attorney will file a claim against the negligent third party’s insurance company. This claim should detail the injuries sustained, the impact on the worker’s life, and the damages sought. The attorney will negotiate with the insurer to reach a settlement. If negotiations fail, the case may proceed to court.
Balancing workers’ compensation and third-party claims
It’s essential to understand the interplay between workers’ compensation and third-party claims. Workers’ compensation may require reimbursement from any third-party settlement or award. The attorney can help navigate this process to maximize the worker’s net recovery.
Seeking additional damages
A third-party claim allows injured workers to seek compensation for pain and suffering, emotional distress, and other non-economic damages. Pursuing these additional damages can provide a more comprehensive recovery for the injured worker.
By understanding these steps and seeking legal guidance, injured workers can effectively pursue compensation from negligent third parties after an auto accident on the job. Contact YOUR Workers’ Compensation Specialist for a free, no-obligation consultation to learn how we can help you. Call 610-892-9300 or reach us online.