There are different types of claims that you can opt for when you are hurt at the workplace and it’s someone else’s fault. You can either go for a workers’ compensation claim from your employers’ insurer or a personal injury claim from the person or entity whose fault it was. The latter are known as third party claims.
General Procedure to Follow When Injured at Work
When you get injured at work, you need to seek medical attention immediately even if there is no visible injury (not all of them are visible). You should then inform your immediate supervisor about the accident and resulting injury whether or not it was the fault of a third party (another person).
In LA, the state law entails that such cases have a statute of limitations, so if you’re worried about medical bills, lost wages, being unemployed or supporting your family, the best thing to do is to consult a workers’ compensation attorney.
Third Party Claims with Workers’ Compensation
Third party claims can allow you to make personal injury claims against the person who caused the workplace accident where you were injured. Of course state laws for this may differ but in LA, this can only happen when the party at fault is not the employer themselves or a co-worker.
These third party injury claims can make you eligible for further benefits in addition to the normal benefits you get following workers’ compensation law. Some of these additional benefits are mentioned below.
- Compensation for losing enjoyment in life and any activities that you wanted to do but couldn’t because of your injury. There’s no compensation under normal workers’ compensation law for this kind of loss but third party compensation covers it in LA.
- Pain (past and future), suffering, emotional distress and inconvenience caused after the accident and resulting injury occurs. This isn’t covered by normal workers’ compensation but is covered if you get compensated through your third party claim.
- You may stand to earn past and future lost income and be compensated for the time you missed out at work, even if you were compensated through sick or annual leaves if you go for a third party claim. The responsible individual or entity will not be benefitted by the sick leaves that you used due to no fault of your own. Workers’ compensation only tends to recover some income but that is further from full compensation, and is only a limited fraction of the amount that you actually lost due to the injury you suffered.
- All health care and treatment that you (the injured party) receive, past as well as future, inclusive of physical therapy, medical, psychological and dental expenses are covered by the third party, and done by medical providers that you (the injured party) decide on. With normal workers’ compensation, the best that you could hope for was a limited number of providers and coverage, decided upon by the employer’s insurance administrator.
If you would like to know more about third party insurance claims, please contact us and let us know.