An On the Job Injury Attorney Palm Beach Gardens Explains Third-Party Liability in a Workplace Accident
Injuries at work take all forms. They vary in severity and circumstances but are very common despite the details. In many cases, a worker is injured in an accident that involves coworkers or they are alone. These are often straightforward cases of accidents that qualify for workers compensation benefits.
However, when an accident at work is caused by the actions of a third-party, the injured worker may be denied workers compensation benefits. Do they have legal recourse? Who should pay for their medical bills and the paycheck they lose out on while they recover from their injury? A Palm Beach Gardens on the job injury lawyer from the Law Offices of Franks, Koenig & Neuwelt may be able to help you.
Workers Compensation Benefits
Every state offers workers compensation benefits to employees who are hurt while working. Under most circumstances, the worker is eligible to receive benefits to pay for their medical costs and a portion of their wages they would otherwise earn if able to work. In some cases, they may not qualify for benefits. For example, if their injury was caused by someone who was not employed by the same company, such as a third-party, benefits may not apply.
What is a third-party? In this context, a third-party is someone who is contractually on the premises and has a pre-established relationship with the employer. For instance, a person who delivers parts to the company from a manufacturer.
Personal Injury Claim
When a worker sustains a serious injury on the job, but one that was not caused by any direct or indirect action on the part of the employer or a coworker, and in fact was caused by a third-party, they will probably not qualify for workers compensation benefits. However, with the help of a Palm Beach Gardens on the job injury lawyer from our firm, we can file a personal injury claim with the third party to seek the recovery of all damages related to your injury. This would include medical treatment, money you lose from not working, and any other costs due to being injured.
Very often, litigation is not necessary because substantial proof of a third-party’s responsibility for an accident is usually enough for them to agree to a settlement. At the Law Offices of Franks, Koenig & Neuwelt, we have had great success recovering fair settlements from those responsible for our clients’ injuries. On some occasions, when the at-fault third-party is not willing to negotiate a fair settlement, we will take them to court. If it is necessary to pursue a civil lawsuit on behalf of our clients, we will do so in order to protect their rights. And, unlike workers compensation benefits, in a civil lawsuit, we can include damages such as pain and suffering and punitive damages, if those apply.
Contact the Law Offices of Franks, Koenig & Neuwelt Today: Get the Justice You Deserve
If you were injured while working, but your employer or their workers’ compensation insurance carrier denies you benefits, you may have legal recourse. Contact our firm today to schedule a free, no-obligation consultation with an experienced on the job injury lawyer Palm Beach Gardens clients recommend to find out how we might be able to protect your rights.