On Behalf of Simon & Gilman, LLP | May 7, 2020 | Firm News |
The workers’ compensation system is designed to remove fault from workplace accidents. In other words, even if you are entirely to blame for an accident that resulted in your injury, you are still eligible to receive workers’ comp benefits.
If your employer is to blame, you can’t sue your employer for additional damages. You’re limited to a workers’ compensation claim. However, if a party other than your employer caused or contributed to the accident, you may have a third-party liability claim.
Pursuing additional damages from negligent parties
Construction sites are full of multiple people operating under different subcontractors, and occupational hazards are around every corner. How do you know if you have a potential claim against a negligent third-party? It depends. If you drop a tool you’re carrying on your foot, workers’ comp will probably be your only source of recovery. However, if an outfit other than your employer improperly installed scaffolding, and you’re hurt in a scaffolding collapse, you may have a third-party liability claim.
Determining liability for a construction site accident can be a complicated process. With numerous subcontractors covered by multiple insurance carriers, it can be challenging to know where to assign liability. You should discuss your situation with a skilled professional who can help you assess your options.
A personal injury claim can help you recover the full damages to which you’re entitled
While workers’ comp benefits can be useful in the short-term, they rarely provide you with enough compensation to account for your losses entirely. A personal injury claim brought against a negligent third-party can help you recover additional damages. This can provide you with the additional help you need to begin moving forward with your life.
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