When you’re injured on the job, workers’ compensation is typically your primary source of financial support for medical bills and lost wages. However, there are situations where workers may be able to pursue additional compensation through a third-party lawsuit. These lawsuits are filed against individuals or companies outside of your employer who may be responsible for your injury. Here’s what you need to know about third-party lawsuits in workplace injury cases.
What is a Third-Party Lawsuit?
A third-party lawsuit occurs when someone other than your employer or co-worker is at fault for your injury. Workers’ compensation laws generally prevent you from suing your employer, but if an outside party is responsible—such as a contractor, manufacturer, or property owner—you may be able to file a separate personal injury claim against them.
When Can You File a Third-Party Lawsuit?
You may be able to pursue a third-party lawsuit if:
- Defective Products: If your injury was caused by a defective machine, tool, or piece of equipment, you may be able to sue the manufacturer or distributor of that product.
- Negligence of Other Parties: If a contractor, property owner, or outside business caused your injury through their negligence, such as unsafe conditions or failure to maintain equipment, you may have grounds for a lawsuit.
- Motor Vehicle Accidents: If your injury occurred in a car accident while performing work duties, you can pursue a claim against the driver or their insurance.
What Compensation Can You Seek in a Third-Party Lawsuit?
Unlike workers’ compensation, which covers only medical expenses and lost wages, a third-party lawsuit can allow you to seek additional compensation, including pain and suffering, emotional distress, and punitive damages.
Consulting an Attorney
If you’re considering a third-party lawsuit, it’s important to consult with a personal injury attorney. They can help you understand your rights, determine if a third-party lawsuit is appropriate, and guide you through the process of filing the claim.
While workers’ compensation may be your first option, third-party lawsuits can provide valuable additional compensation when someone else is responsible for your injury.
How Social Media Can Hurt Your Workers’ Comp or Car Accident Claim – And What to Avoid Posting
In today’s digital age, social media is a part of nearly everyone’s daily routine. But if you’re involved in a workers’ compensation or car accident claim, your social media activity could harm your case. Insurance companies and defense attorneys often scrutinize social media profiles to find posts that can be used against you. Here’s how social media can impact your claim and what to avoid posting during the process.
How Social Media Can Hurt Your Claim
Insurance companies and opposing attorneys can use your social media posts to challenge your credibility and undermine your claim. For example, if you post photos of yourself engaging in physical activities, like hiking, running, or even attending social events, they might argue that your injuries aren’t as serious as you claim. In a workers’ compensation or car accident case, proving the severity of your injuries is key—any inconsistency between your claims and your social media posts can be used to discredit you.
What Not to Post
To protect your claim, avoid posting anything that could be misinterpreted as evidence that contradicts your injury claims. Here are some specific things to avoid:
- Photos or Videos of Physical Activities: Even if you feel okay, posting pictures of you doing activities that involve physical effort can hurt your case.
- Status Updates About Your Injury: Be cautious about discussing the details of your injury or how you feel. Your words could be twisted to undermine your claim.
- Location Check-ins: Avoid posting your location in real-time, especially if you’re in a place where you’re supposed to be recovering or resting.
Best Practices During Your Claim
Keep your social media accounts private and avoid posting anything related to the accident or your recovery. If you must post, keep it general and avoid discussing the details of your case.
Consult with your attorney about your social media activity to ensure you don’t inadvertently harm your case. Staying cautious online can make a big difference in the outcome of your claim.
