Third-Party Liability and Work Injuries - What You Should Know Before Filing a Workers’ Compensation Claim

According to data from the Bureau of Labor Statistics, approximately 2.9 million workers experience an injury on the job each year. While many do recover and eventually return to work, others may experience temporary or permanent disability. This can ultimately result in serious financial problems for them and their families. To make matters worse, workers’ compensation often falls short in meeting their needs. If you or someone you love has suffered a serious or catastrophic work injury, learn how you may be able to seek compensation beyond what is offered by workers’ compensation, and how you can ensure your rights and best interests are protected throughout the claims process.

Workers’ compensation is touted as a program for employees, but the dark and hidden truth is that it is in place to protect employers from expensive lawsuits. True, the medical expenses of injured workers are generally covered, but the compensation itself rarely offers any sort of financial stability, even for those who are out of work for just a short time. Those that suffer temporary or permanent disability are at an even higher risk for financial devastation.

You see, settlements for severe work injuries have a maximum payout amount. This is determined by the state in which the employee lives. So, while one may receive enough compensation to cover their expenses for a couple of years, another in a neighboring state with the exact same injury might be lucky to receive even a few months of pay. The end result is often long-term or financial devastation for the latter and their family.

Generally speaking, employees are not able to sue their employers for work injuries or disability. There are exceptions, of course, but they are few and far between. Still, this does not mean that a disabled worker is without options. Some may be able to pursue a third-party liability claim to increase their compensation amount. This situation is one in which another party, other than the employer (the owner of a building or parking lot, the manufacturer of defective equipment, etc.) could be held responsible for negligence. An experienced personal injury attorney can help you determine if it might be an option in your work injury case.

If you or someone you love has experienced a work injury, and you believe that a third-party lawsuit may be an option, contact Corsiglia, McMahon & Allard, LLP for assistance. Backed by years of trial and litigation experience, our San Jose work injury lawyers will analyze your case to determine which options may be available to you. Aggressive and dedicated, we always fight for the most favorable outcome possible. Get the representation you deserve. Call (408) 289-1417 and schedule your personalized consultation with us today.

• Employer-Reported workplace injuries and illnesses – 2016
• The Demolition of Workers’ Comp