Injured By A Third Party At Work: What You Need To Know

13 December 2017
 Categories: Law, Blog

Getting hurt on the job comes with a host of issues. However, covering your medical and living expenses while you are out of work is not typically one of them if you are approved for worker's compensation benefits. If someone else outside of your job caused you to get injured, you will want to consider a personal injury lawsuit. in most states, your employer has a right to get its money back from injuries caused by third parties, even if you incurred that injury on the clock. Your worker's compensation insurance carrier will then place a lien on your personal injury claim so that they can recover some of the money they had to pay. The following are some things that you will need to do moving forward:

Obtain Payment Details from the Insurance Carrier

When you go to file a personal injury claim, part of your proof is what your worker's compensation insurance carrier has already paid you in benefits. You will need to obtain a detailed record of all the payments you have received to date, not just the total amount paid. This allows your attorney to weed out any extra expenses thrown in by the insurer that you should not have to pay. Items like investigative fees or other administrative costs should not be included in the lien, as it will put more money in the pockets of the insurer instead of your own.

Have the Adjuster Come to the Trial

The lien against your personal injury claim is meant to retain the medical costs and payments for your living expenses. This can be a large amount of money that will be discussed during the trial. The best witness that can verify these amounts is the insurance adjuster, so it is wise to have that person come to your trial. The adjuster is the person that makes the decisions on what you are to be paid and can verify to the judge that the amount of your coverage is fair and adequate.

Obtain Any Contracts that May Exist with the Negligent Party

If you are injured by a third-party while on the job and there is a contract between your employer and that third-party, get your hands on a copy of that contract. In some cases, such as accidents on construction sites, there is a contract between your employer and the contractor working on the project that waives any claims. In some cases, liens are waived in the contract as well. This will result in an easier, more straightforward case.

Get in touch with a business like Shay & Associates to learn more.