When it comes to injuries at work, it can be difficult to find out who should be held responsible for the accident and subsequent injuries. The incident could cause your employer to be held accountable or a third party. Although workers’ compensation protects your employer from being targeted, a third party is not protected in the same way. Third parties can include providers of safety equipment, defective parts and landlords of the property. You are unable to file a lawsuit against your employer if you file for workers’ compensation. However, you can still file a lawsuit against a third party that was involved since they are not your employer.
If a third party is involved, you can take legal action against them to pursue liability. When involving a third party in a workplace accident, workers’ compensation can get more complicated. If you are receiving workers’ compensation and win a lawsuit against a third party, you may have to pay them back. This means that you may have to repay the workers’ compensation support that was provided to you through your employer’s insurance coverage.
How does workers’ compensation function?
Workers’ compensation is a system put in place to support employees after they have endured an accident at their place of work and are unable to work for a period of time. When you are injured while on the job, this form of payment can provide the funds needed to pay for your medical bills. It also covers a percentage of the wages you lost due to your absence, resulting from your injury. If you decide to file for workers’ compensation, you are giving up the right to bring a lawsuit against your employer for the accident. Even if your employer acted in a negligent way, you cannot proceed with legal action against them once you file for workers’ compensation. Once workers’ compensation is in effect, a time is allotted for your recovery. Throughout this recovery period, the compensation should remain consistent. If possible, you should be able to return to work in the end of the recovery period. If not, you may be entitled to further benefits that are more long-lasting.
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.