For decades, workers’ compensation has been a lifeline for employees. However, there’s always the possibility that an individual does not receive all the compensation they truly deserve, especially when a third party is involved in the case.
Nonetheless, you can indeed file a lawsuit against a third party for a workplace injury.
Let us explain the difference between workers’ compensation and a third-party claim, and how a work-related injury lawyer in Minnesota can guide you toward the full recovery you are entitled to.
Workers’ Compensation Benefits
Workers’ compensation is a system that provides benefits to employees harmed because of their job duties. You don’t need to prove that your employer was negligent, and your employer cannot deny your claim by saying you were partly to blame.
Should you experience traumatic mishaps, suffer from repetitive stress injuries, catch occupational diseases, or develop qualifying mental health conditions, here are the three types of benefits available:
- Wage Loss: Receive wage replacements for temporary or permanent disabilities.
- Medical: Minnesota workers’ compensation law requires that injured employees be provided with reasonable and necessary medical treatment or supplies.
- Vocational Rehabilitation: If your injury prevents you from returning to your previous job, vocational rehab services will get you back to another suitable one.
You file for workers’ compensation claims through your employer’s insurance, ideally with the help of a work accident attorney in Minnesota.
Third-Party Claims
Now, what about the pain and suffering you have endured?
Workers’ compensation is a safety net, but it covers only the basics. It does not account for the human costs, such as stress, anxiety, and reduced quality of life.
A third-party lawsuit, then, counts. This is a claim brought against someone other than your employer or a co-worker who contributed to your injury. However, unlike workers’ compensation, you must prove negligence to win.
- Duty of Care: Demonstrate that the third party had a legal obligation to act in a way that avoided causing harm.
- Breach of Duty: Prove they failed to meet that standard of care through their actions or lack of action.
- Causation: Verify that their breach of duty directly caused your injuries.
- Damages: Attest that you suffered actual harm.
You file a third-party claim as a civil lawsuit, ideally with the assistance of a personal injury accident lawyer in Minnesota.
Common Third-Party Liabilities
Third-party liabilities may arise in various situations. For instance, you could have a claim against a negligent driver who is not your co-worker and their insurance if they involve you in a work-related car crash. Faulty machinery, tools, or equipment? The manufacturer, distributor, or retailer could be responsible.
If you get hurt on a property not owned by your employer, such as a client’s office or a construction site, due to unsafe conditions, the property owner or manager may also be liable. On job sites with multiple contractors, a negligent contractor can be subject to a third-party claim.
Moreover, exposure to toxic chemicals without proper warnings or safety measures may hold the manufacturer or supplier accountable.
Potential Legal Defenses
Of course, third parties will not simply hand overcompensation – they might argue comparative negligence, claiming your own actions partly caused your injury. They could claim assumption of risk, suggesting you knowingly took on a dangerous task.
Third parties may also point to the statute of limitations, arguing you missed the filing deadline for your lawsuit. Or they could claim lack of causation, denying that their actions directly caused your injuries.
The Value of a Work and Personal Injury Accident Lawyer in Minnesota
A work accident attorney in Minnesota knows the ins and outs of the workers’ compensation system. This process can be full of red tape and insurance pushback, but a seasoned professional knows how to fight for every dollar you should receive.
Regarding third-party claims, the challenges are different and often more complex. Proving negligence, gathering evidence, negotiating with insurers, and, if necessary, going to trial require a strategic approach.
A personal injury accident lawyer in Minnesota steps in to help you with the following:
- Investigating your accident and identifying all possible sources of compensation.
- Coordinating your workers’ compensation and third-party claims so they do not conflict.
- Gathering and presenting evidence.
- Negotiating settlements or taking your case to court.
Most attorneys only seek payment for their services if they win the case. Contingency fees mean they genuinely want to protect your rights, making their role in your recovery significant.
Final Thoughts
Every workplace must prioritize the safety and well-being of its employees. When accidents happen and injuries change your life, you deserve nothing less than 100% compensation.
Workers’ compensation is valuable, but a third-party lawsuit – if your situation qualifies – guarantees you also bounce back from the pain and suffering.
If you have been hurt on the job, turn to a work-related injury lawyer in Minnesota at Osterbauer Law Firm. We dedicate our profession to employees and helping them move forward.
Call (612) 334-3434 or contact Osterbauer Law Firm online today. Let’s discuss your case and start your comeback journey.