Workers Comp and Third-Party Claims

Workers’ compensation claim AND a 3rd party claim

If you are injured on the job, you have a workers’ compensation claim. 

Occasionally, in addition to your workers’ compensation claim, you may also have a personal injury claim (referred to as a 3rd party claim) that arises from the same incident.  The best example is if you are a truck driver involved in a rear-end car accident while in the scope of your employment.  In this fact pattern, you would have a workers’ compensation claim against your employer AND a 3rd party claim against the driver of the car that hit you from behind. 

Even though you are suing two different parties for the same accident, the cases have a cause and effect upon each other.  The biggest cause and effect is workers’ compensation’s right to subrogation.  What this means is: If workers’ compensation pays out any money in the form of lost wages, medical bills and/or settlement proceeds on your claim, it is entitled to recoup its money back from any settlement or verdict recovered from your third party claim.  It is best to have a single attorney handle both claims.

Lerner, Steinberg & Associates successfully handles workers’ compensation and personal injury claims.  We have successfully negotiated many workers’ compensation and third party claims that minimize the workers’ compensation carrier’s right to subrogation; thus maximize the amount of money our clients receive.

If you have a workers’ compensation or personal injury matter, call Lerner, Steinberg & Associates.