Generally, employees injured at work may not sue their employer or other employees outside of the Workers’ Compensation system. However, the right of an injured worker or their beneficiary to seek damages against a responsible third party is an exception to the general rule.
Hiring a personal injury and workers’ compensation law firm like Althauser Rayan Abbarno in Olympia and Centralia may help the injured worker navigate both systems better, receive the necessary medical treatment, and recover more for the injuries.
If an employee is injured in the course of work, by a third party, the employee should file a Workers’ Compensation claim, as well as a personal injury claim against the third party. This will helpthe injured worker receive the maximum amount of benefits and recover the maximum amount of compensation.
A third party is a person, not employed by the same employer, who injures or causes the death of the employee while the employee is working. Some common examples include:
- Motor Vehicle Collisions, car, motorcycle, or pedestrian accidents caused by someone other than a coworker;
- Slips, Trips, or Falls occurring on jobsites that are not the employer’s;
- Workplace assaults and dog bites; and
- Failure of Machinery, tools, or equipment due to faulty design.
In these situations, the injured worker should complete an accident report, seek medical attention, open a Workers’ Compensation claim with their doctor or at the emergency room, then contact an experienced injury attorney at Althauser Rayan Abbarno. It is going to get complicated.
Attorneys like Althauser Rayan Abbarno can represent you in your workers’ compensation claim and personal injury claim. The injured worker is able to receive all benefits to which he or she is entitled from the Department of Labor and Industries even if a personal injury claim is pursued.
Although Labor and Industries will pay the medical bills and authorize the treatment through workers’ compensation, Labor and Industries will want to be reimbursed by any recover from the at-fault driver or at-fault person. This is true with any medical insurer.
The distribution of funds after trial or settlement requires negotiations with Labor and Industries, as well as all the insurance providers. The benefit of attorneys like Althauser Rayan Abbarno, we negotiate at the front end of the case to maximize your recover AND we negotiate at the back end with the insurance companies to reduce or eliminate your medical bills. That will help put more money in the pocket.
The process can be very complicated between the medical insurance, Worker’s Compensation medical, and both your automobile insurance and insurance of the at-fault driver. Workers’ Compensation may pay for medical and physical impairments, but does not pay for any inconvenience or pay and suffering. The at-fault driver’s insurance may pay for some medical and pain and suffering. If a settlement is reached, payment of all treatment will need to be coordinated.
If you’ve been injured in a automobile collision or on the job, contact Althauser Rayan Abbarno at (360) 736-1301. Althauser Rayan Abbarno offers FREE injury consultations in Olympia and Centralia with our attorneys.