What Type of Claim Do I File Following a Workplace Accident?

If you are injured at work, do you know what your rights are regarding seeking compensation? Our personal injury lawyers can provide you with guidance and representation.

Being injured on the job can be terrifying, frustrating, heartbreaking, and stressful all at once. Indeed, not only may an injured worker be facing serious injuries and lost wages, but they may also have dozens of questions about who will pay for their injuries and what the process is for recovering compensation. 

Traditionally, a worker who is injured on the job will bring forth a workers’ compensation claim for damages; however, there may also be situations in which the right to file a third-party liability claim exists. Our personal injury lawyers can represent you if you have a third-party liability claim. 

What Is a Third-Party Liability Claim? 

A third-party liability claim is a type of civil action that is pursued against a third party – in this case, someone other than your employer. (By virtue of the workers’ compensation no-fault system, injured workers are barred from filing lawsuits directly against their employers for damages related to a workplace injury.) A third-party lawsuit alleges that your injuries would not have occurred but for the negligent actions of the third party. Examples of parties who may be named in third-party workplace injury lawsuits include:

  • Manufacturers of dangerous or defective products;
  • Owners of properties where dangerous conditions exist; or
  • Dangerous drivers who cause accidents (i.e. an accident caused by a drunk in a roadside construction zone). 

The above list is not inclusive – if the actions of a third party caused or contributed to your workplace injury, you likely have a claim for damages. 

Key Differences Between a Workers’ Compensation Claim and a Third-Party Liability Claim

Workers’ compensation claims and third-party liability claims are distinct. Some key differences include:

  • You do not need to prove the fault of any part in a workers’ compensation claim, nor can you be barred from recovery based on your own negligence;
  • You will need to prove the fault of the defendant in a third-party claim, and may have your recoverable damages award reduced in proportion to your own degree of fault; 
  • You can only recover certain damages in a workers’ compensation claim, including a portion of your lost wages and medical expenses; and
  • In a third-party claim, you can pursue compensation for the full value of your losses, including compensation for your pain and suffering. 

How Our Experienced Massachusetts Personal Injury Lawyers Can Help 

Understanding the differences between workers’ compensation and third-party liability claims can be complicated, and if you’ve been injured at work, you may not know which type of claim to pursue. At The Law Offices of Alan Hildreth King & Associates, our personal injury lawyers can review your case free of charge and provide you with the legal advice you need. What’s more, we can represent you in your action for damages. Call our law firm today or send us a message online to get started. 

Leave a Reply

Your email address will not be published. Required fields are marked *