Filing for workers’ compensation offers financial relief after a workplace injury, but what happens when someone else shares responsibility for the accident? Many injured employees believe their options end with a workers’ compensation claim, yet a third-party claim could unlock additional compensation.
Take Washington, DC, for example. With over 700,000 residents and a workforce fueled by government, healthcare, and technology, workplace injuries are not uncommon. Construction workers repairing historic buildings, delivery drivers maneuvering through busy streets, and office employees slipping into commercial spaces face potential hazards. In some cases, another party, such as a negligent driver or a faulty equipment manufacturer, might be responsible, raising the question of filing both claims.
Washington, DC, workers’ comp attorneys help injured workers determine the best course of action, ensuring no potential compensation goes unclaimed. Many assume choosing one claim means forfeiting the other, but that is not always true.
This post will discuss the process, eligibility, and benefits of pursuing both claims after a workplace injury. Keep reading.
How Workers’ Compensation Works
Workers’ compensation provides benefits for employees injured while performing job-related duties. This system covers medical expenses, lost wages, and rehabilitation without requiring proof of employer negligence. In exchange, employees typically lose the right to sue their employer for the injury. However, this coverage does not compensate for pain, suffering, or other non-economic damages.
What Makes a Third-Party Claim Different?
A third-party claim seeks compensation from someone other than the employer or a co-worker. If an external party contributed to the injury, filing both claims remains an option. Third-party claims allow injured workers to pursue additional damages, including pain and suffering, which workers’ compensation does not cover.
When Both Claims Apply
Both claims come into play when an external party plays a role in the workplace injury. Common scenarios include:
Vehicle Accidents
An employee injured in a work-related car accident caused by another driver may file a claim against that driver and receive workers’ compensation.
Defective Products
A faulty machine or unsafe tool that causes injury grounds the worker to file a product liability claim against the manufacturer.
Property Hazards
The property owner may be liable if a worker slips on an unsafe surface in a third-party location while performing job duties.
Contractor Negligence
At job sites where multiple companies operate, an injury caused by a contractor or another company’s employee may qualify for a third-party claim.
The Process of Filing Both Claims
Filing both claims requires careful handling to ensure compliance with legal procedures and deadlines. Workers’ compensation follows a strict timeline, requiring prompt reporting of the injury to the employer. Meanwhile, a third-party claim involves proving negligence, which may require evidence such as witness statements, surveillance footage, or expert testimony.
Each claim proceeds separately, and receiving workers’ compensation does not prevent a lawsuit against a third party. However, workers’ compensation insurers may seek reimbursement from any third-party settlement, reducing the total compensation the injured employee keeps.
In summary, filing a workers’ compensation claim does not always mean losing the right to seek further damages. Both claims remain possible if an outside party played a role in the injury. Pursuing both avenues increases the chance of full financial recovery, covering more than medical expenses and lost wages. Understanding the differences and when each claim applies ensures injured workers get the compensation they deserve.
Guest writer
