Oftentimes, a workers’ compensation case is very straightforward, involving only the worker and their employer. With 86,000 work-related injuries and illnesses reported in Massachusetts each year, they are very common. However, in some cases, a third party becomes involved. When this happens, the case can become slightly more complex.
Types of Cases with Third-Party Involvement
First, let’s take a look at the types of cases with third-party involvement. Some of the most common are:
- Work-Related Car Accidents: If an employee is in an accident while driving for work and the other party is deemed to be at-fault, then they are likely to be liable for any injuries the employee sustained.
- Defective Equipment: Injuries with work-related equipment are quite common. However, in some cases the injury is caused because of defective equipment. When this happens the manufacturer can be found liable for the injury.
- Negligent Subcontractor: In construction or other industries, an employee can be injured due to the negligence of a subcontractor. In these cases, it is the subcontractor who would be liable.
- Medical Negligence: Let’s say an employee is injured on the job. They then go for medical treatment. The doctor acts negligently, causing a worsening of the injury. The doctor would now be liable for the injury.
As you can see, there are many workers’ compensation cases where a third party comes into play.
Workers’ Compensation Benefits vs. Third-Party Liability
Third-party liability differs from workers’ compensation in a few ways. First, workers’ compensation is a no-fault system. This means that it does not matter who was responsible for the injury, the employee is entitled to benefits regardless. On the other hand, third-party liability requires you to prove that it was the third party’s fault that the injury occurred. They also differ in that workers’ compensation requires you to make a claim with your employer’s workers’ compensation insurance company. Third-party liability means you must make a claim with the third party’s insurance company, assuming they have one. If not, you will have to file a lawsuit against them personally.
Legal Process for Third-Party Claims
The legal process for third-party liability claims involves several steps. These usually include:
- Investigation: In this stage, evidence is gathered. This can include medical records, photos of the accident scene, witness statements, and any other documents that support the injury claim.
- Filing a Claim: After evidence is gathered, you will make a claim with the third party’s insurance company. You will provide them with all relevant information, including the evidence you gathered in the first stage.
- Negotiation: You will negotiate with the insurance company to try and come to a settlement that seems fair to all parties.
- Litigation: If a settlement cannot be reached, you will need to file a lawsuit. This will allow a court to rule on how much you are owed in damages.
Once you have received compensation, either through settlement or litigation, the process is over.
Compensation for Third-Party Claims
The amount of compensation received in a third-party claim can vary wildly from one case to another. The exact amount will largely depend on the severity of the injury and the amount of permanent damage. First, you can be compensated for economic damages. This includes things like missed wages, medical bills, and reduced earning capacity. You can also receive compensation for noneconomic damages. This includes things like pain and suffering, emotional distress, and loss of enjoyment of life. These noneconomic damages can add a significant amount to your total compensation.
When to Consult with an Attorney
It is important to know when to consult with an attorney in order to ensure you receive the full amount of compensation you are entitled to. As soon as you sustain a work-related injury, you should consult with a Massachusetts workers compensation attorney. They will be able to advise you on how best to move forward. They will also know whether you should pursue a workers’ compensation case or a third-party liability case.
