When an employee is seriously injured on the job because of a third party's negligence, filing a personal injury lawsuit in addition to a workers' compensation claim may result in unintended consequences for the client's future medical care needs.
In her Law360 article “Navigating Workers' Comp and 3rd Party Negligence Claims”, Attorney Puneet Toor discusses the importance of hiring a lawyer who is well versed in the complicated field of workers' compensation law.
The workers' compensation system requires that each employer obtains insurance to cover the costs of injury to their employees for occupational injuries and some illnesses, as well as for partial lost wages. When a worker is injured on the job, regardless of whether or not the employer was negligent in causing the injury, a claim must be filed. However, in certain limited circumstances, the worker's injury might also actually be the fault of a third-party who acted negligently or intentionally by creating a dangerous condition for the employee.
Sometimes workers' compensation attorneys overlook third-party claims where the injury to the client is the result of a third party. This type of oversight can cause complications to arise between third-party liability claims and workers' compensation claims.