Accidents in the workplace can cause injury to employees. When these incidents occur, employees have the option to file for workers’ compensation. This can benefit them. If they apply for workers’ compensation, they cannot blame their employer for their workplace accident. However, they are still able to hold a third party responsible. A third party may have supplied the materials that the employee was using during the accident. This could have contributed to the accident. If the employee files a lawsuit against the third party, they may have to pay back workers’ compensation that they previously collected. Since the third party is not their employer, they can be held liable for the accident that occurred even when workers’ compensation is collected. However, workers’ compensation was put in place to protect employees and employers. Neither of these parties can be held responsible for a workplace accident if workers’ compensation is collected.
What does workers’ compensation provide?
Workers’ compensation can provide monetary compensation to keep you afloat financially while you are out of work. Since workplace accidents can lead to injury, employees may need time to heal and recover from their accident. During their time off, they can be reassured that they are able to keep themselves financially stable with compensation from workers’ compensation. They can receive economic damages that come in the form of compensation for their medical bills, lost wages and lost future wages. Through workers’ compensation, victims of an accident may also be entitled to benefits including medical care, supplemental benefits, social security benefits and death benefits. If an employee is not able to work anymore, they may be entitled to long-term benefits that can help them sustain their quality of life. Workers’ compensation can provide the care employees need while they are recovering.
What if I file a lawsuit against my employer?
If you suffered from a workplace accident and wish to file a lawsuit against your employer, you cannot collect workers’ compensation. Workers’ compensation is designed to protect employers just as employees are protected. Since third parties are not an employer, employees are able to collect workers’ compensation when filing against them. However, the same does not go for filing a lawsuit against an employer.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.