Frequently Asked Questions Concerning Recovery Beyond Worker's Compensation

Q. If I suffer an injury at work is my only remedy related to worker's compensation?

A. No, not always. If you suffer an injury in the course of your employment there may be times when someone other than your employer or co-employee is responsible. These are what we call third party claims.

Q. What is a third party claim?

A. Third party claims take many forms when looking to the potential responsibility of someone other than your employer this might include the negligence of an operator of a motor vehicle or the result of a defectively designed product which causes your injury at work.

Q. Do these third party claims provide additional compensation that worker's comp. claims do not?

A. Yes. Unlike worker's compensation benefits which pay for your medical expenses and a percentage of your average weekly wage, these third party claims can compensate you for pain and suffering, disfigurement, impairment of your true earning capacity, as well as provide family members with loss of consortium claims.

Q. Do I still have to prove fault on behalf of the third party in order to recover?

A. Yes. Unlike worker's compensation third party recovery requires proof of fault on behalf of someone other than your employer. The term "fault" usually takes the form of negligence and/or breach of warranty and requires proof a the preponderance of the evidence. This often requires the onset of litigation resulting in retention of various experts necessary to prove the case. Obviously the more complex the third party case the more extensive the litigation may become.

Q. If I have a worker's compensation case and a third party case may I recover benefits from both?

A. The party responsible for paying your worker's compensation benefits, be it an insurance company or your employer if they are self-insured, has a lien or a right to recover all of the benefits that they've paid to you from any damages you receive from a third party claim. Therefore, if your third party recovery exceeds the amount of the worker's compensation lien then you would recover an additional amount. However, very often the worker's compensation insurer is willing to negotiate this lien so that all parties benefit from pursuit of these third party claims.

CBS 3 is not responsible for content, does not sponsor or endorse the goods or services of our participating partners, makes no representation with respect to accuracy of the content herein provided or the goods and services to those who have provided it.