What You Need to Know About Workers Compensation
Can I sue my employer if I am injured at work? How does worker’s compensation work? These are two questions we get often from clients who have been injured in a work accident. What many people don’t know is that worker’s compensation is actually a type of insurance program companies purchase to ensure they are covered incase a worker is injured or becomes sick due to their job.
What this means is you cannot sue an employer if you are injured if there is a worker’s compensation program in place. In fact, most states require companies to carry this type of insurance, meaning your job more than likely has some sort of worker’s compensation program that will pay a portion of an employee’s wage when they are not able to work after the accident.
However, this does not mean you are without options if you are in a workplace accident. Every personal injury case is unique and depending on the situation, there is the possibility a 3rd party may be totally or partially liable for your injury.
3rd Party Liability for a Workplace Injury
There are many ways a 3rd party can be seen as liable for an accident that occurred while you were at work. That is why it is important to determine the cause of the accident right away. Some causes of work injuries where a 3rd party may be to blame include:
• Defective devices and faulty work equipment • Faulty machinery like forklifts, conveyer belts, and material handling systems • Injured in a car accident while driving for work business • Injured by a co-worker while at work • Slip and fall on company property • Unsuitable work environments causing illness or injury
One very common type of work injury involves a commonly used warehouse machine: the forklift. Forklift accidents on the job can cause some severe injuries such as degloving, crushing injuries, amputations and even death. Forklifts can be very top heavy, and if any part of the machine is not working properly due to poor maintenance or faulty parts, then there is a serious risk for forklift rollovers and crashes.
McCoy and McCoy has recovered millions of dollars in compensation for forklift injury victims across the United States. We were able to do this by suing the manufacturers who sold faulty forklifts as well as companies who leased these forklifts to various warehouse facilities.
How To File a 3rd Party Liability Claim After a Work Injury
When dealing with any type of work injury, its best to call a professional and experienced personal injury lawyer in CT. They will be able to walk you step by step through the process of filing a 3rd party liability claim and can handle negotiate any settlements as well as advocate your best interests in the event your case goes to trial.
After talking with a lawyer, you should file a worker’s compensation claim with your employer, detailing every part of the accident, especially any part involving the liable 3rd party. You will still receive works compensation if you intend to file for 3rd party liability claim. You will just need to inform the workers compensation insurance carrier that you are planning on filing a liability claim. You will need to give the insurance carrier notice of any pleadings and rulings in the case, not doing so can affect the outcome of both your case and insurance claim.
After filing the worker’s compensation claim, you and your lawyer will need to prove that the 3rd party was liable for your accident. This including proving you had an accident at work and that your injuries resulted directly from that accident. Then, you and your lawyer will need to prove that the 3rd party was negligent in some way that is directly related to the accident. This can include but is not limited to:
• Another drive ran a stop sign and struck your vehicle while you were driving for work • The forklift you were operating for work had faulty brakes and failed to stop resulting in a crash • You were injured while working on someone else’s property who does not work for the company • You were injured by a damaged or faulty product at work
Trusted Personal Injury Lawyers in CT
McCoy & McCoy Personal Injury Lawyers in Hartford and New Haven CT have over 50 years of experience representing work injury victims across Connecticut. We always fight to get our clients the most compensation possible for their injuries.
Give us a call today to schedule a free, no-obligation consultation for your injury case. We will come to you anywhere in CT to discuss your case and walk you through every step from filing the claim ton negotiating settlements and defending you in trial.
There is absolutely no risk as if you do not win your case you don’t pay! So, if you have a personal injury case, give us a call to receive a free consultation, with no obligations, with one of our experienced personal injury lawyers today.
