Someone injured on the job may be under the impression that workers’ comp is their only avenue for compensation. In general, this is true, but there are a number of exceptions.
What Happens if Someone Injured You Who Does not Work For Your Employer
The short answer is that you can make a claim against that person or sue them. This is called a third-party claim or third-party lawsuit. For example, if you were working while driving and someone rear-ended or t-boned your car, you could apply for work comp benefits and make a claim against the other driver for pain and suffering, medical costs, lost wages, and other damages.
Similarly, if you were injured by a defective product, a products liability lawsuit against the manufacturer may be a possibility.
If a toxic substance caused you harm, the manufacturer might be subject to a toxic tort lawsuit. There are generally two kinds of toxic injuries – acute, which are apparent immediately; and latent, which may take years to appear. A worker may be able to file suit against the manufacturer of the toxic substance and/or any manufacturers of safety equipment that proved to be ineffective.
You might be able to bring a personal injury lawsuit against your employer if you were injured due to their intentional or egregious conduct. If your employer doesn’t carry workers’ comp insurance, you may be able to file a civil court action against them or collect money from a state fund.
If a third party is responsible for causing your injuries, filing a personal injury lawsuit against them is an option.
If an injury is disabling and prevents you from working, you may also be eligible for Social Security Disability Insurance (SSDI and SSI).
Workers’ compensation in the form of temporary disability or permanent disability payments is usually quite low and doesn’t provide anything for pain and suffering. There are no punitive damages to punish the employer for dangerous conditions or poor safety measures.
If you are injured on the job, consult with an experienced attorney to safeguard your rights.
Contact a Car Wreck Lawyer
If you or someone you love has suffered injuries in an accident, you have rights that can be protected. In addition to these helpful tips on keeping a journal, an experienced attorney can provide information and guidance that will help you be as successful as possible. In Alaska, attorney Ben Crittenden has helped many accident victims obtain the justice and compensation they deserve, and he may be able to help you, too. Subscribe to his free newsletter to learn more about what he does and the legal options available to Alaska accident victims.