Workers Comp & Third Party Claims

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Workers Comp & Third Party Claims

When a workplace injury involves someone outside your employer, you may have two cases: workers’ compensation and a third party injury claim. Understanding how those systems interact and where your treatment goes can significantly affect the outcome of your case.

Episode Snapshot

Episode

001

Format

Video

Duration

04:50

SHOW NOTES.

When an on the job accident involves someone outside your employer or coworkers, you may have two legal cases at the same time. One is a workers’ compensation claim. The other is a personal injury claim against the person who caused the accident.

A common example is a car accident while driving for work. Workers’ compensation covers the injury because it happened during employment, while the at fault driver may also be liable through a negligence claim.

Workers’ compensation usually pays for all medical treatment and can provide disability benefits if you cannot work. Because of this, it is often best to place treatment through the workers’ compensation system.

However, the system has limitations, including restricted doctor choice and strict legal standards for proving injuries. Personal injury law works differently and may allow claims for aggravating pre existing conditions.

Understanding how both systems interact is critical to protecting your medical care, benefits, and overall case outcome.

key takeaways.

Two Claims Can Exist at the Same Time

If a third party causes an on the job injury, you may have both a workers’ compensation claim and a personal injury claim running simultaneously.

Workers’ Compensation Usually Pays for Treatment

Workers’ compensation typically covers 100 percent of medical care and can provide disability benefits, which is why treatment is usually best handled through that system first.

Legal Standards Are Different

Workers’ compensation requires the workplace accident to be the major contributing cause of the injury, while personal injury law can still apply if the accident aggravated a pre existing condition.

more transmissions.

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How Much Do You Get Paid on Workers’ Comp Disability?

If you’re injured at work in Florida, your income doesn’t just stop. Workers’ compensation pays a portion of your wages based on your average weekly earnings, but how that number is calculated can significantly affect what you receive.

LENGTH

00:09:55

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The Importance of Being a Good Patient Historian

When you visit a doctor after an injury, the medical history you give becomes the foundation of your case. Being accurate, organized, and honest about symptoms, prior injuries, and pain levels can directly affect your treatment, credibility, and the outcome of your claim.

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