Work injuries can cause not only physical pain but also unexpected financial strain that workers compensation by itself may not completely address. Many of us assume that the only avenue for recovering damages is through workers compensation benefits. However, in certain cases, a third-party claim can open the door to additional compensation. These claims target individuals or entities other than our employer who contributed to our injuries, offering an opportunity to pursue recovery beyond what workers compensation provides. Attorneys like those at Rispoli & Borneo P.C. discuss how understanding our rights around third-party claims can make a meaningful difference in what we recover for Elizabeth, NJ workers compensation cases.
What Makes Third-Party Claims Different
When we file a standard workers compensation claim, we’re limited to benefits like medical costs, partial wage replacement, and, in some cases, permanent disability payments. These benefits are helpful, but they don’t cover all the damages we may suffer. Pain and suffering, full lost wages, and other out-of-pocket expenses are typically excluded. That’s where a third-party claim comes in.
If a third party—someone other than our employer or a co-worker—was partially or fully responsible for our injury, we can file a separate personal injury lawsuit against them. For example, if we’re injured in a car accident while driving for work and the other driver was at fault, we may be able to bring a third-party claim against that driver. This type of claim can help us seek damages beyond the limits of workers compensation.
Common Scenarios For Third-Party Claims
Third-party claims often arise from situations involving equipment malfunctions, motor vehicle accidents, or injuries caused by contractors or vendors working at the same job site. For instance, if a defective piece of machinery causes a severe injury, we may have a claim against the manufacturer. Similarly, if an outside contractor creates an unsafe condition that leads to an accident, they could be held liable through a third-party lawsuit.
It’s important to know that these claims don’t replace workers compensation—they complement it. By pursuing both, we can address the gaps that workers compensation leaves behind, including full lost earnings and compensation for pain and emotional suffering.
How Third-Party Claims Affect Workers Compensation Benefits
If we secure a settlement or win a third-party lawsuit, the workers compensation insurer might be entitled to recover the benefits they previously paid out. This is called a lien. It doesn’t mean third-party claims aren’t worthwhile; in fact, even after reimbursing the insurer, we often end up with more compensation than workers compensation alone would provide.
Properly coordinating workers compensation and third-party claims can be challenging, especially when dealing with lien negotiations. Working with an attorney who understands both workers compensation law and personal injury litigation helps protect our right to full and fair compensation.
Resources Available For Injured Workers
At Rispoli & Borneo P.C., we offer comprehensive support for injured workers, including assistance with both workers compensation claims and related third-party lawsuits. We know how stressful a work injury can be, which is why we’re committed to making the process as smooth as possible for our clients. Our team is experienced in pursuing third-party claims in conjunction with workers compensation cases, helping ensure that no opportunity for recovery is overlooked.
We also provide free initial consultations and flexible scheduling options to meet the needs of busy workers and their families. Whether we’re representing union workers injured on a construction site or employees hurt in workplace vehicle accidents, we’re prepared to stand by our clients throughout their recovery.
Securing The Compensation We Deserve
Pursuing a third-party claim can greatly improve our chances of recovering fully after a work injury. By holding negligent third parties accountable, we gain the chance to recover compensation that workers compensation doesn’t offer on its own. Attorneys like those at Rispoli & Borneo P.C. can guide us through the process, from evaluating the potential for a third-party claim to advocating for the full damages we deserve. Contact us today to discuss your situation and learn how we can help you pursue every option available for your recovery.