Suffering from a work-related injury is traumatic and puts you in a lot of financial, physical, and emotional stress. The workers’ compensation act ensures monetary compensation for workers injured at work or due to work. However, this may not be applicable in all scenarios, significantly when you were injured due to a third party.
For instance, you were driving a company’s car, and someone hit your vehicle from behind because they were texting and driving. Your first question would be, “who will pay for my injuries and damages?.”Besides employers, if third parties are involved, your eligibility and getting compensation through workers’ compensation can be complex. This is why consulting a skilled Virginia workers’ compensation attorney is essential. Your lawyer will ensure that you receive compensation through workers’ compensation or personal injury.
What happens when an accident is caused due to a third party?
In situations where your injury was directly caused at work, such as lifting a heavy box and it fell on your foot, causing you injury, your ultimate remedy is filing for workers’ compensation benefits. Often the worker would directly file for workers’ compensation for the injuries and the other damages caused. Your employer or its insurance carrier is responsible for compensating for your losses. This is because the injury would not have occurred if you were not at work.
However, in situations where third parties are involved, you are eligible to file workers’ compensation and hold the person (third-party) involved to hold them accountable for their actions under personal injury. However, there should not be a double recovery. For example, if you received compensation from workers’ compensation, it would become an offset against the third party under personal injury. In many cases, you can claim maximum compensation by workers’ compensation and file personal injury cases against the negligent person.
How should you deal with third-party injuries at work?
You must seek an experienced lawyer who will go through your entire case and let you know about all the details. The lawyer will guide you on whether you can file for workers’ compensation and ensure maximum compensation for your injuries. Moreover, your lawyer will fight for your rights aggressively and hold everyone accountable for the damages you incurred. After sustaining an injury, your first step would be to seek medical aid and then speak to a lawyer. Your medical reports will serve as evidence when you file for either workers’ compensation or a personal injury case.