When You Need A Workplace Accident Lawyer
Workplace accidents are not always covered by workers’ compensation. Even when they are, insurance companies don’t always offer a fair settlement. Insurance companies may deny claims or fail to approve claims in a timely manner, often causing unnecessary delays in scheduling surgery or expensive medical treatments. You may also be required to get an independent medical examination (IME) if the insurance company doesn’t agree with your disability rating. IME exams are notorious for coming back with much lower disability ratings than independent doctors.
Preexisting conditions and receiving other government benefits may also result in a denied claim. If your ability to work was affected by a workplace accident and you are not getting fair compensation from the insurance company, it’s time to consider filing a third-party lawsuit in addition to your workers’ compensation claim.
Filing A Third-Party Lawsuit To Get Fair Compensation
When you file a third-party lawsuit, you can recover significantly more in damages than a workers’ compensation claim. Workers’ compensation claim awards are limited to only a portion of lost wages and medical expenses. A third-party lawsuit allows you to sue for all lost income, loss of future income, and damages for pain and suffering.
The key difference between filing a workers’ compensation claim and a third-party lawsuit is proving negligence on the part of your employer. You will have to prove that you suffered a work-related injury because of negligence on the part of your company. In other words, you need to prove that your company either failed to maintain a safe environment or took an action that resulted in your injury.
Common Workplace Accidents That Lead To Additional Lawsuits
Workers injured on the job in an accident caused by a drunk driver are entitled to collect workers’ compensation and sue the drunk driver. Any accident that happens on property not owned by your company while you are on the job may qualify for an additional lawsuit against the property owner. A third-party lawsuit can also be filed against a general contractor for construction site accidents. Third-party accidents can also be filed due to defective products and exposure to toxic substances on the job.