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worker's compensation vs.
3rd party claim
Workers’ compensation provides medical treatment and partial wage replacement for employees hurt on the job, but benefits are limited. It usually covers only a portion of lost wages and does not include pain, suffering, or long-term losses.
When someone other than your employer is responsible for your injury, such as a subcontractor, property owner, or equipment maker, you may have the right to file a third-party lawsuit. These claims allow for broader recovery, including full wages, future losses, and compensation for pain and suffering. Our firm focuses on pursuing these third-party claims to maximize the recovery injured workers deserve.
Exceptions
Workers’ compensation is often the only remedy after a workplace injury, but the law recognizes important exceptions. In certain situations, you may step outside of the workers’ comp system and bring a civil lawsuit. This can happen if your injury was caused by a negligent third party, if defective equipment or unsafe property conditions played a role, or if your employer’s conduct went beyond ordinary negligence into willful or reckless behavior.
These exceptions matter because they open the door to full compensation,not just partial wage replacement, but also pain and suffering, future earnings, and other damages that workers’ comp does not provide.
We focus on identifying and pursuing these third-party claims to help injured workers recover full damages beyond basic workers’ compensation benefits.
Who Is Legally Responsible?
While workers’ compensation shields employers from lawsuits in most cases, third parties who cause or contribute to a workplace injury can be held legally responsible. This may include:
🏠Property owners (premises liability)
👷♂️Subcontractors or vendors creating unsafe conditions
🏭Manufacturers of defective equipment (product liability)
🔧Maintenance companies failing to correct hazards
A thorough investigation is necessary to uncover all responsible parties and pursue every avenue for recovery.
Common workplace accidents
Workplace injuries often occur because of preventable safety failures, including:
Unsafe property conditions
Negligent site supervision
Defective machinery or tools
Poor maintenance practices
Violations of OSHA or state safety standards
Injuries happen when safety rules are ignored, corners are cut, or equipment fails.
Identifying these failures is critical to holding the responsible parties accountable.
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