If you have been injured by the fault or negligence of another individual or entity, you may have a claim for personal injury, also known as a third-party claim. Through a third-party claim, you may pursue the recovery of economic, non-economic, and possibly punitive damages. Economic damages may include payment of your medical bills, lost wages, loss of capacity to earn wages, and payment for property damage. Non-economic damages include pain and suffering, loss of enjoyment, and loss of consortium. Recovery of such damages through a third-party claim can enable you and your family to begin to move forward from your injury, but it also serves to hold the party at fault responsible and, in turn, potentially protect others from a repeat act of negligence.
Oftentimes, an injured worker may have a third-party claim in conjunction with a workers’ compensation claim for the same injury. When this occurs, the injured worker has the opportunity to pursue the additional damages set forth above through the third-party claim in civil court. While this is in addition to the benefits provided under the Workers’ Compensation Act, double recovery is not generally permitted. Unless there is consent by the parties or a ruling by a judge, a lien will be created in the amount of the benefits paid through the workers’ compensation claim such that the workers’ compensation insurance carrier will be entitled to reimbursement for any benefits paid to the injured worker in the event that a third party is ultimately determined to be liable for the injured worker’s injury. Navigating the interplay between a civil lawsuit and a workers’ compensation claim for the same injury can present many challenges. Our attorneys are experienced in handling these cases, minimizing the lien, and ensuring that you obtain all benefits to which you are entitled in the workers’ compensation while maximizing your potential for recovery in the third-party claim.
If you think you have a personal injury or wrongful death claim, please contact us by filling out the form below. We'll be in touch soon to discuss your case.