Workers’ compensation laws are designed to preserve the relationship between an employee and an employer.
The employee receives benefits or compensation while he or she recovers from a workplace accident with no assignment of fault or additionally liability on the part of the employer.
Prior to the commencement of the employee-employer relationship, the exclusive remedy of workers’ compensation for any and all workplace injuries is ingrained in the minds of employees.
Before workers’ compensation laws were passed, employees were able to sue their employees directly. When workers ‘compensation systems were developed that independent right to sue an employer was removed from negligence and personal injury matters.
Increasingly, as more companies outsource functions or use independent contractors to complete work assignments, the employee comes into contact with third parties.
When a workplace accident occurs because of the negligence on the part of a subcontractor, manufacturer, driver, or property owner, the employee in addition to seeking workers’ compensation benefits from his or her employer, may also able to recover damages against any third party that contributed to his or her workplace injury.
Examples of Instances Where Third Party Litigation Is Necessary
The ability to bring third party lawsuits against a negligent actor is necessary because remedies under the workers’ compensation laws are limited.
Particularly if the injured worker uses medical marijuana to treat an underlying medical condition, unless the employer or company permits medical marijuana use, the injured worker may be precluded from workers’ compensation benefits or have his or her benefits reduced because of medical marijuana use.
Even when workers’ compensation benefits are approved, the injured worker only receives compensation for 2/3 of his wages.
A personal injury suit against a third party would assist the injured worker in receiving full compensation for all of his or her injuries.
Examples of the types of cases that involve third party liability include :
- car accidents
- injuries caused by defective equipment or machinery
- real property conditions
- and negligence of subcontractors or independent contractors at the job site.
Death of A Worker
The worst consequence of a workplace accident is the death of the worker. The surviving family members cannot sue the employer for wrongful death.
They would file a workers’ compensation claim, and receive a settlement consistent with loss of life benefit.
If the death was caused by the actions or inaction of a third party, the surviving family members are able to sue the third parties under the theory of wrongful death.
Contact a Workers Compensation Lawyer
If you are injured on the job, and need help receiving workers compensation and medical care after being injured in a workplace accident, you will need the help of an experienced Workers Comp Attorney.
Contact the Law Office Of John Anderson, Jr., LLC for assistance with your workers’ compensation and third party claim and case. Proudly serving the city of Westminster, Colorado, we also help people in Arvada, Aurora, Brighton, Commerce City, Federal Heights, Northglenn, Strasburg, and Bennett. Schedule your Free Consultation today.