Workers' Compensation and Personal Injury
Workers' compensation provides the basic protection for the worker and the employer. The worker gets wage and medical benefits, and the employer and co-workers cannot be sued by the injured worker. In many cases, however, there may be a third party involved — someone whose negligence caused or contributed to the work injury.
Questions About Third-Party Liability?
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At the Iaconis Law Office in Chittenango, New York, a personal injury attorney can review your work accident and determine whether you have a third-party claim. If someone who was not part of your employment caused the job accident, we can evaluate the case and help you decide whether to bring a personal injury action.
What kinds of claims are third-party claims?
If defective machinery caused a serious work injury at a manufacturing plant, for example, the machine's manufacturer may be liable. A trench collapse at a construction site could be the fault of a subcontractor who was not your employer. If you were hit by a car while on the job, you could make a claim against the car's driver. Your additional rights against third parties have a direct impact on your workers' compensation claim, and a recovery for a personal injury claim must be coordinated with the compensation insurance carrier.
Would you have to pay back the workers' comp insurance carrier?
In most cases, yes, but you should not lose any money. Workers' compensation benefits should be repaid to your employer's workers' compensation insurance company by the party that contributed to your injury. However, there are many circumstances where the recovery results in more money than basic compensation. Talk to a lawyer about how much your personal injury claim might be worth.
When dealing with an especially serious injury, the extra compensation from a personal injury claim could be important for moving on with your life. Where a motor vehicle accident claim is involved, there are special rules that determine if and how much must be reimbursed to the compensation insurance company. However, there is no simple formula and each case must be discussed with an attorney that is experienced with workers' compensation law.
Workplace injuries can take you away from your job and may even keep you from returning to your old job because of total or partial disability. At our law firm, we work with clients to assure they receive all the compensation they are entitled to. If there is an opportunity for a third-party liability claim, our personal injury lawyer will help you. Contact us for a free consultation. We serve clients throughout the Syracuse area.