Work Related Injuries: Compensation From Third Parties

There is a common misconception that all work related injuries are solely covered by Workers’ Compensation statutory benefits. While it is true that any employee who is injured on the job while working for their employer is entitled to workers’ compensation benefits, this does not necessarily mean that the injured worker is limited to the recovery of such benefits. If a third party, such as an independent contractor unrelated to the employer, participates in a negligent or wrongful act that results in a injury to the innocent victim, there may be a claim that can be filed against that third party separate and distinct from the workers’ compensation benefits available to the injured employee for the on-the-job injury.
Oftentimes in our practice, we see situations where clients have been represented by other attorneys who have only recovered workers’ compensation benefits for them, notwithstanding the fact that there was a potential third party claim. As an example, if an employee is injured in a manufacturing plant due to a defective machine, there may be a third party product liability claim against the company that manufactured or maintained the defective machine. If the injured employee is hurt on the job because of the negligence of a third party vendor or supplier, there may be a liability claim that can be asserted by counsel for the injured employee against that third party.
It is always important in any on-the-job injury case that counsel diligently explore the possibility of pursuing third party claims. Workers’ compensation benefits are quite minimal, particularly where catastrophic injuries are involved. While the injured employee is entitled to receive repayment of their medical expenses, lost wage benefits are less than $500.00 a week. Accordingly, if someone is catastrophically injured, the only available recovery for pain and suffering and lost earning potential will be a third-party liability suit assuming a third party was a participant in the underlying act that lead to the on-the-job injury.
When dealing with a work related injury case, the victim in such a circumstance should always make sure that they confer with counsel about the possibility of third party claims relative to their workers’ compensation case. This cannot be stressed enough because often there are other avenues of recovery which experienced counsel can explore and later exploit for the injured employee. Indeed, in many catastrophic and serious injury cases, were it not for the availability of a third party recovery, the injured employee would hardly be compensated in any just manner.