[vc_row][vc_column][vc_column_text]Workers’ compensation cases are usually pretty straightforward.\u00a0 Injured workers receive treatment for their injuries and receive a fixed level of financial support from temporary disability benefits, regardless of who is to blame for the incident.\u00a0 Personal injury cases are less straightforward, with injury victims able to pursue compensation for medical bills, property damage, pain and suffering, and lost wages, but only from the parties considered ‘at fault’ for the incident.\u00a0 It is possible for these two types of cases to overlap, often called a workers’ compensation claim with third party liability.<\/p>\n
With a valid third-party liability claim, injured workers can receive immediate medical treatment through a workers’ compensation claim while simultaneously pursuing compensation from the at-fault party under personal injury law.\u00a0 Doing so may increase the overall level of financial compensation the injured worker may receive, but it’s important to note one important caveat: compensation awards do not stack.\u00a0 Any compensation received from the workers’ comp insurance company will need to be reimbursed from the personal injury settlement because the insurance company is not legally responsible for your injuries.<\/p>\n
In a normal workers’ compensation claim, your employer is responsible for your medical treatment and disability benefits.\u00a0 Your employer is legally required to have workers’ compensation insurance coverage to pay out those benefits.\u00a0 But if a third party is responsible for your medical treatment and temporary disability (lost wages), the insurance company is not responsible.\u00a0 If the insurance company has paid out benefits on your behalf, they will reclaim what benefits were paid out in a process called subrogation.\u00a0 This is less dramatic than it sounds.\u00a0 In personal injury cases, after a settlement has been reached, medical bills must be paid.\u00a0 In a third-party workers’ comp claim, those medical bills may have already been paid by workers’ compensation insurance.\u00a0 Essentially, you’re still paying for medical bills out of your personal injury settlement, but with a middleman.<\/p>\n
The Law Offices of Scott Warmuth examines every workers’ compensation claim for the possibility of third-party liability.\u00a0 If there is a valid third-party claim, such as a delivery driver who is rear-ended or an installer tripping and falling over a hazard at a home, our team of workers’ comp experts will explain the situation to our clients and pursue personal injury litigation on their behalf.\u00a0 If you have been injured at work, contact our workers’ compensation law firm today.\u00a0 We offer free consultations, and if we don’t win your case our services are free.\u00a0 Call us today at 888-517-9888![\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":"
With a valid third-party liability claim, injured workers can receive immediate medical treatment through a workers’ compensation claim while simultaneously pursuing compensation from the at-fault party under personal injury law.\u00a0<\/p>\n","protected":false},"author":7,"featured_media":1846,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","om_disable_all_campaigns":false,"inline_featured_image":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_themeisle_gutenberg_block_has_review":false,"footnotes":""},"categories":[35,18,58],"tags":[],"class_list":["post-1845","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-auto-accident","category-personal-injury","category-workers-compensation"],"acf":[],"_links":{"self":[{"href":"https:\/\/law888.com\/index.php?rest_route=\/wp\/v2\/posts\/1845","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law888.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law888.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law888.com\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/law888.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1845"}],"version-history":[{"count":0,"href":"https:\/\/law888.com\/index.php?rest_route=\/wp\/v2\/posts\/1845\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law888.com\/index.php?rest_route=\/wp\/v2\/media\/1846"}],"wp:attachment":[{"href":"https:\/\/law888.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1845"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law888.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1845"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law888.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1845"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}