Third party claims v. Workers’ comp.

Personal Injury: Third party claims vs. Workers’ Comp.

Most people understand the basic concept of a personal injury is that you are seeking compensation for your injuries.  If you are in a car accident caused by the negligence of another and you are injured then I can negotiate a settlement for you.  The settlement will include: lost wages, out of pocket expenses, medical bills and pain and suffering.  Three of these are amounts that are easily computed (e.g. you spent $800.00 for a wheel chair or you had a $40.00 co-pay).  The fourth (pain and suffering) is a lump sum amount that is determined by how serious your injury is.   We will fight to get the most amounts possible and there is no set guidelines for how this amount is determined.  Every individual handles pain differently so this amount will be different for everyone.

This amount for pain and suffering is the primary difference between a third party claim and a workers’ compensation claim (WC).  With WC, there is no opportunity to collect for Pain and Suffering.  When you bring a WC claim you are seeking lost wages and medical bills and that is it.

For Example:

Sue gets lunch one day at McDonalds.   While in the restaurant falls and breaks her leg in three places.  We are able to prove that she fell as result of the negligence of McDonalds.  She incurs $10,000 in medical bills, $15,000 in lost wages and $300 in out of pocket expenses. I bring a lawsuit against McDonalds and I get an award for the above amounts plus $100,000 for her pain and suffering.

Now, assume the same facts, except Sue works for McDonalds and while on the job she falls and incurs the same injury.  Under this scenario we can get Sue her lost wages, Medical bills and out of pocket expenses however the large sum for $100,000 for pain and suffering would not be available.

As with most legal theories there are many exceptions and this one is no different. Therefore no matter how you injury occurred please call and we will walk you through all the damages you may be entitled to collect.