Workers Compensation Claims - When you can make two claims for your injuries
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- Опубликовано: 9 сен 2024
- www.MattLaw.com
Matt Powell explains your rights if you have been injured on the job.
If you have been injured on the job, there are a few things you should do to protect all of your rights. First, report your injury to your employer. Second, get good medical attention right away. Third, try to document what caused your injury. And fourth, if you were injured by the fault of another person who is not a
co-employee or your employer, then you may have what is called a "Third Party Claim" against the "at fault" person or business who caused these injuries. Then, call my office to find out if you should make two separate claims for your injuries. What I mean by this is that one claim is under Workers Compensation, and the other is against the at fault third party. Each of these separate claims have different processes and different recoveries that you may be entitled to. For example, under your workers compensation claim, they pay your medical bills but only two thirds of your salary. But if a third party claim can be made, then you are entitled to recovery for All of your lost wages and future loss of earning capacity in addition to many other types of compensation.
Many clients who were in a car accident while working. Some people mistakenly think that workers compensation is their only avenue of a recovery for their lost wages and medical bills. However, the at fault person may be responsible to you for the harm they caused by their negligence.
When people are injured on the job and the injury was caused by another company or another worker on a construction site, they may have a "Third Party Claim" to be made against the at fault person or business.
Additionally, if you have been injured by a defective product, such as a crane, truck, or some other product that injured you while you were on the job, then you might be able to make a recovery against the product manufacturer in addition to your workers compensation benefits.
If you can bring a third party claim your recovery is going to be significantly greater than just the benefits available through your workers compensation insurance company. For example, if you are out of work, workers compensation only pays you two thirds of your wages and there is a cap on how much they will pay. However, in a third party claim, you are entitled to recover 100% of your lost wages in the past and future, without any cap.
In a workers compensation claim, you don't get your fringe benefits. However, in a third party claim, you are entitled to 100% of your fringe benefits.
In a workers compensation claim, you are not entitled to any money for pain, suffering, mental anguish or loss of enjoyment of life. But in a claim brought against the at fault party, you are able to recover each of these valuable losses.
In a workers compensation claim, you don't get to pick your doctors, the workers compensation insurance company dictates who you can see. However, in a third party claim, you can go to any doctor you choose.
In a workers compensation claim, the theory is to pay for medical treatments and some of your lost wages, but to get you back to work as fast as possible. However, in a third party claim, the laws are designed to make you "whole again". In other words, to fix what can be fixed, to help what can be helped, and then to make up for what can't be fixed or helped.
When we represent clients who have both a workers compensation claim and a third party claim, we encourage them to seek their workers compensation benefits, and allow us to go after the at fault party. So there are actually two cases going forward at the same time.
The bottom line is this, in any injury case, it is important to consider all of your options and to select the best ones that are right for you.
www.MattLaw.com
Thanks for watching my video. I am glad that you were able to recover for your on the job injury.
What’s your number I have a bad work injury and workmancomp Denise me
Thank you for video .I was looking to find your phone number if you can email me your contacts info please . Luckyarmystrong@yahoo.com or call 916-410-5550 thank you
please help with the third party
My son is a forklift driver while working on a powerstation shutdown he was asked to work with scaffolders
by his supervisor in a confined space at 10 metres high platform.
He walked head on into a steel pipe and hit his head causing head and neck injury he had this diagnosed with head injury was the employer in the wrong to ask him to work with scaffolders with no prior training or certification or experience.
Hi John, every state is different, and has different laws regarding workers compensation claims, and the ability to go after other companies that may be negligent that caused your son's injury. From the limited facts that you have shared with me, your son could go after the scaffolding company for their negligence that caused your son's losses. Please don't wait. Contact an attorney in your state for answers. If this happened in Florida you are welcome to call me for a free consultation. 813-222-2222. Matt Powell
Hello reaching out as far getting frustrated about my lawyer etc keep changing on my case. My case happened on 9/11/2021 hit by a box on Conyer belt at fedex. Reported my injury and went to doctor on 9/14/2021 due a swelling forearm and felt a vein in that arm part. Now am deciding to not take settlement due went to a nerve damage to neck shoulder forearm hands both sides. Seeing if can get another lawyer on getting right settlement on injuries now and was told go back to work and can't stand for long periods and pain after getting a emg test done needles in each arm for the test. They now trying not to get my pain medications from fedex insurer.
I was assaulted by a complete stranger while I’m at work and he broke my jaw, another bone over my eye and messed up my hearing. My job is focusing on the workers comp claim and I also made a report to the police for the assault. What’s the next step to take because I think I really deserve some kinda payout for this.
Talk to your workers compensation lawyer. You may be able to sue the person who assaulted you. However, there is a lot of immunity for the employer, and your lawyer can explain the circumstances in which you might sue your own employer if they knew or should have known the co worker was likely to assault someone. But it won't be easy. Good luck to you.
Ok thank you
Amazing 👏 I needed this thanks I work with Scaffolds i seen friends get hurt and never claiming their benefits so knowing this is great 👍
Glad it was helpful! Stay safe out there.
if a business owner that is listed as insured on his own work comp, driving a company vehicle on their way to work is involved in a car accident that is not their fault and they are injured…do they claim work comp or do they make a property and bodily injury claim to the other driver’s insurance? or both? (missouri)
Great question. And the answer is: Make both a workers comp claim for the injuries. And file a bodily injury claim and property damage claim against the at fault driver.
Excellent content!
Thank you for the excellent explanation of the different ways to file for workers compensation. Your video was very helpful. I am going to look to see if you have one about my situation. I was injured and had to have two surgeries. I was at PT doing as instructed and during an exercise I injured my back. I am not sure if it a pulled muscle or a disc problem. I am having sciatic pain. This happened two weeks ago and I have yet to see a specialist about my back injury. Thanks again for your videos
Debbie Self Sorry to hear about your back injury. Make sure you let your doctors and physical therapists know about this new injury. If you want too long, they may not cover that new injury.
Very helpful thanks ✌
What happens if an employer does not report an accident
Then they are still on the hook for the claim. You should hire an attorney right away to protect your rights. Good luck, and I hope you recover quickly from your injuries.
i had Carpal Tunnel Surgery,while i was getting therapy for that i had a knee orthroscopy. i collected and settled for the Carpal Tunnel. but i never collected for knee and now had Total Knee replacement since then. First Knee Surgery 8/14 Replacement 4/15 How do they Calculate Settlement
***** Good question that is very complicated to answer because there are so many variables to consider. I suggest you call me or a Board Certified Workers Compensation attorney to get a better understanding of your rights.
I injured my back at work 2 times both injuries were reported. Happened in the spam of 2 weeks. First injury had me out a week 2nd injury had me out another week and Safelite isn't trying to pay for the days I missed and currently still missing because I can't even walk. What should I do
Talk to an attorney right away. Don't wait.
@@MattlawAttorney I did. The script changed quick 😁 now I'm getting payed for a the days I missed which shoulda never been an issue to begin with. But hey greedy cooperate america
I fell down some stairs at work and have to have surgery on my foot the doctor also told me I would suffer from arthritis in the long run I don't want to return back to work I don't feel safer there and also the manger was very rude to me when the accident happened would I be able to get a attorney to get a settlement
Hi Jocelyn, I am sorry to hear about your fall and injury. And, yes you should consult with an attorney right away about your workers compensation case. Every state has different laws governing workers compensation and you need to seek qualified experienced legal advice. Don't wait because there may be time limits that you don't even know about that may affect your rights.
Excellent video Matt. My question is, wouldn't the money you receive from third party go towards workers comp. because they paid your medical bills?
This is an excellent question. And the answer is Yes, the workers compensation insurance carrier has a right of subrogation. Which means they should be paid back some of what they paid out. And some states are different. In Florida, the insurance companies subrogation interests are reduced by a few things. For example, if a person was driving a vehicle while working, and the at fault driver was 100% at fault, but only carried a small amount of insurance, and the injured person was not compensate fully (due to the low policy limits) then the workers compensation carrier gets less money. The carrier gets less money due to any attorney fees or costs the worker had to pay to recover the money from the third party, any other medical bills, any negligence attributed to the worker as well.
The simple answer is yes, the workers compensation carrier needs to be paid back at least something for the benefits they provided to the injured worker.
Went out a month ago go w/c hernia they paid me for a month .I also had heart stents put in during my cardio clearance now wc stopped payments due to plavix. And aspirin treatment I can't have hernia surgery for a year what do I do
Please call an experienced workers compensation lawyer in your area. They can advise you on what your next step should be. The laws are different in every state. So, talk to someone who knows your state laws. Good luck. Matt
Can I get a any kink of loss of use for my back and neck after I leave my job?
If you were injured on the job, you need to notify your employer quickly, and not wait. If you have a claim open during your employment, in many circumstances you may be paid for many years after working for the company. It all depends on the extent of your injury, the type of injury and many many factors. You need to call a good workers compensation attorney to get a free consultation.
Who qualifies for workers compensation
Do you get paid if you get injured at work
What causes back injuries at work
Every employee should be provided workers compensation benefits.
l was fired from work but they didn't give me my money fir the past four months what should I do
You should contact an attorney near you to ask if they will bring a claim on your behalf for unpaid wages. In Florida, if an attorney takes your case and wins, he will be paid his attorney fees from your employer. I don't know what your particular situation is, but you need to talk to a qualified attorney in your area. Best of luck, Matt
Yes I deserve all the money I need it
The money never is enough to make up for the permanent injuries. Good luck to you.
I was just recently injured on my job I work for a temp agency I've been there over five years and I injured myself on a job site I was told that I was getting Workmen's Comp. they had me to write a letter and that's the last that I heard from the agency but I hear that they called the place of business that I got injured and it seems like there are more on their side and then my side and I don't know what to do because I'm sick and I meantinjured and I just don't know what to do as far is lost wages how do I get my Workmen's Comp.
Allen, sorry to hear about your injury and then your employer abandoning you. I suggest you hire an attorney immediately. Find an attorney who focuses his work on representing injured employees. They can get to the bottom of your claim quickly and efficiently. Good luck with your health and getting some medical help and your lost wages. Matt
Allen D you need to hurry up and file a lawsuit
I got hurt on the truck for their malfunction
I slipped and fell at worker. getting ankle surgery. will I get paid lost wages because of injury.
Hi Christopher, sorry to hear about your ankle injury. The answer is yes, your employer's workers compensation insurance company should pay you 2/3 of your wages while you are out of work.
Ok what about the other 1/3 of my salary.
Well, they don't want you to get full pay as a way of motivating people to get back to work. It is unfortunate that you are not paid in full, but that is the law that is on the books.
The other third you won't be able to recover unless you had some insurance like AFLAC, or the injury was someones fault other than your employer. For example, I had a case where my lady was a home health nurse. She had to go into a patient's home to give the patient medication and check on her. Unfortunately for my client, the patient had a lot of cats. And one of the cats had thrown up on the tile floor. As my client was walking through the kitchen, she did not see the cat puke, stepped into it, slipped and fell down breaking her arm. She had her medical bills and 2/3 of her wages paid by the workers compensation carrier, but we brought a claim against the patient's home owners insurance for the negligence of the homeowner for allowing cat vomit to be on the floor. We were able to settle the case, and our client was made whole for her lost wages and the other damages she suffered.
I make Better money than them
Please stay healthy and don't get hurt on the job.