When an employee is injured in a workplace accident, they have the ability to collect workers’ compensation instead of seeking liability for their accident. If an employee wishes to file a lawsuit against their employer to hold them liable for the accident, they are unable to collect workers’ compensation. This form of compensation was put in place to protect employees and employers. If employees collect workers’ compensation, they are not able to file a lawsuit against employers. However, that does not mean that the employee is liable for the workplace accident. Neither party is held accountable for the accident that occurred. Instead, they can avoid placing the blame on someone by using workers’ compensation to their benefit.
Can a third party be involved in workers’ compensation cases?
Although employers and employees cannot be held liable if workers’ compensation is collected, a third party may be held accountable for the accident that happened in the workplace. For workplace injuries, employees may have been using certain products provided by a third party. If this product proves to be defective or cause harm in any way, the third party may be held responsible for the accident. Although workers’ compensation cases usually do not involve fault, these cases may allow you to seek liability on behalf of that party. Since they are not an employer, employees are able to collect workers’ compensation and seek liability at the same time. For these cases, you can file a lawsuit against the third party to seek compensation. If the employee collected workers’ compensation then wins a lawsuit against a third party, they may have to pay back their workers’ compensation.
How is workers’ compensation beneficial after an accident?
Workers’ compensation was put in place to make sure employees get the help they need after a workplace accident. If you were injured in a workplace accident, you may be entitled to compensation that can include economic damages. Economic damages can include compensation for medical bills, lost wages and lost future wages. Through this compensation, you will be able to continue living your normal lifestyle without having to worry about financial burdens piling up.
Through workers’ compensation, victims of an accident may also be entitled to benefits including medical care, supplemental benefits, social security benefits and death benefits, along with the above cash benefits. If an employee is not able to work anymore, they may be entitled to long-term benefits that can help them sustain their quality of life. With all these benefits, individuals are able to provide for themselves when they are unable to work. They may not face as serious of a financial situation due to the buildup of medical bills.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.