Posted on Tuesday, December 20th, 2016 at 2:50 pm
By: Michael Rose
This past year we have been successful in many cases for workers who were injured in the course of the employment due to third party negligence. The term “Third Party” means that someone other than the injured party’s employer was legally responsible for their injuries. When someone is injured in the course of their employment they are entitled to workers’ compensation benefits. Because the worker gets these benefits they can not bring a lawsuit against their employer. They can bring a claim against a legally responsible third party other than their employer. This entitles them to damages for their pain and suffering, permanency of their injury, full lost wages and benefits, and future medical expenses. These damages are not recognized through the limited benefits available through the workers compensation system.
Examples of these recoveries are a $13,000,000 jury verdict for a painter who fell from a ladder, $6,000,000 jury verdict for a health care worker, $3,475,000 settlement for a construction supervisor who fell from a makeshift ladder, and $1,175,000 for an office cleaning person who was injured when improperly stacked soda bottles fell on her. Quite often, attorneys do not recognize a client’s ability to bring a third party lawsuit when a person is injured in the course of their employment. Attorneys experienced in understanding these nuances can mean the difference between an injured person struggling to pay their bills or being financially secure for the rest of their lives.