Falls, being struck by an object or pinned between two objects are common construction accidents that often result in severe injuries. After being injured in a construction accident, most workers believe that workers’ compensation is their sole and exclusive remedy. In many instances, that’s true, but if a construction worker was injured as a result of the carelessness and negligence of somebody else, the victim might not be limited to workers’ compensation benefits alone. What’s known as third party liability might apply.
Third Party Liability
As per our construction accident lawyers in Oklahoma City, OK, here’s an example of how third-party liability works. An electrician is on an 8-foot step ladder wiring a sign at a mall that is under construction in Oklahoma City. A van driver accidentally backs into the ladder. The electrician falls to the ground, and he’s severely injured. Since electrician and the driver are employed by different companies, the electrician can file a personal injury lawsuit against the driver and his employer at the same time as he is obtaining workers’ compensation benefits. What’s the advantage of doing this?
Damages
Workers’ compensation benefits are generally restricted to payment of reasonable and necessary medical expenses, temporary total disability and permanent partial disability. Personal injury cases contemplate those types of damages too, but damages like pain and suffering and diminished quality of life are also compensable. That fact might make a personal injury case significantly more valuable than a workers’ compensation case.
Increased Financial Recovery
A workers’ compensation lien on the personal injury case might apply against the personal injury case for any sums paid out by the workers’ compensation insurer, but a conscientious personal injury lawyer will make every effort to reduce that lien. The additional damages recognized in a personal injury case coupled with a compromise of a workers’ compensation lien might operate to provide the injured electrician with substantially higher net proceeds for his injuries.
Workers’ compensation and personal injury cases should only be addressed by our construction accident lawyers in Oklahoma City, OK. After being injured in a construction accident, contact a lawyer to help you through the legal process and obtain the maximum compensation you deserve.
