Workers’ compensation not enough? Think about a third-party claim

| Mar 16, 2020 | Firm News

The workplace shouldn’t be dangerous. Yet, everyday, workers across Charleston suffer on-the-job injuries. Although many of these injuries are relatively minor, others are quite significant. They knock individuals out of work for a long period of time, and they often require extensive medical treatment and rehabilitation. This can leave an individual and his or her family in a precarious financial position.

Workers’ compensation benefits may be available to many of these individuals, but the truth of the matter is that it likely won’t cover the full extent of damages suffered by those who are dealt serious injuries. This is where a third-party personal injury claim may prove beneficial.

Here, a lawsuit is filed against the negligent party who caused the injuries in question separately from a workers’ compensation claim. Since workers’ compensation claims disallow an injured worker from suing his or her employer, this third-party claim cannot be levied against one’s employer. Therefore, these claims are limited to outside actors who caused a worker harm while that worker was performing his or her job duties. This may be seen in a situation where a construction worker is struck by a driver while working on road repairs.

In order to succeed on one of these claims, an injured worker will have to prove certain legal elements. Amongst the most important are that the person who caused the injuries in question acted negligently and that negligence directly caused the harm suffered. Additionally, some work must be done to establish the extent of a victim’s injuries, including damages that are both economic and non-economic in nature.

This can take some legwork, and it may require utilizing an expert who can testify about the consequences of more serious injuries. However, armed with the assistance of a skilled legal professional, injured workers may be to increase their chances of securing the resources they need to recover and get back to work.