Third-Party Liability Claims vs. Workers’ Comp Claims
In most instances, when a worker is injured at their workplace, they can file a workers’ compensation claim to receive payment benefits. However, depending on the circumstances surrounding the injury, there could be third parties involved in the accident. If this is the case, the worker could be entitled to file a third-party liability claim. There are notable differences between workers’ compensation claims and third-party liability claims.
It can be challenging to understand the differences between the two claims without speaking to a person specializing in workers’ compensation and third-party liability law. That’s why you should consider hiring a El Monte workers’ compensation lawyer, as they can help you understand which type of claim will cover your injuries. We will briefly examine what a third-party liability claim is and what a workers’ compensation claim is so that you can differentiate between the two.
What Is A Third-Party Liability Claim?
Contrary to popular belief, workers’ compensation claims are not the only avenue available to those wishing to seek compensation for their workplace injuries. Should a person have been injured due to third-party negligence, they can file a third-party liability claim in addition to a workers’ compensation claim.
Essentially third-party liability claims help employees seek compensation from an entity like a business or a person who was responsible for the accident that caused them their injuries as long as they are not their employer. We have provided a few examples of the different types of third-party liability claims.
- A failure to properly instruct or sufficiently warn employees about potential hazards while they undertake their duties.
- Car accidents that involve a negligent driver.
- Premise liability hazards
- Workplace equipment defects and malfunctions.
What Is A Workers’ Compensation Claim?
Ultimately, if you have been injured while at your place of work or while performing duties associated with your job description, you will likely be eligible to file a workers’ compensation claim. Even those who are partially or wholly at fault for their injury are allowed to file a workers’ compensation claim. A person will file this type of claim to receive benefits in the form of payments while they are unable to work.
An employer pays workers’ compensation claim benefits. In California, all employers are under a legal obligation to have workers’ compensation insurance even if they only employ one person. There are numerous benefits that are provided through no-fault insurance coverage that helps employees recover and manage financially.
For example, those who have filed a workers’ compensation claim can potentially receive paid medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, death benefits, and salary supplementation benefits.
However, unlike with third-party liability claims, an employee cannot seek further compensation from their employer through a lawsuit if they are receiving workers’ compensation benefits.
Get In Touch With A Workers’ Compensation Attorney To Discuss The Key Differences Between Third-Party Claims And Workers’ Comp Claims
Have you sustained injuries while performing your work duties? If so, knowing and understanding your rights is crucial. You shouldn’t have to suffer through your injuries without receiving fair compensation. An El Monte workers’ compensation attorney can help you determine if you can file a third-party liability claim in addition to a workers’ compensation claim.
