Workers’ Compensation vs Third Party Claims


If you’ve suffered injuries on the job, you may be interested in seeking Workers’ Compensation. 

Typically Workers’ Comp is utilized when you have suffered an injury on the job. It’s likely that your injuries may have resulted in spendy medical bills, lost wages, and potentially lifelong injuries that you’ll have to deal with for the rest of your life. This is where Third Party Claims can come into play in the right case.

What is the difference between Workers’ Compensation and Third-Party Claims?

If workplace malpractice or a reckless workplace environment has caused you injuries, read on for a more in-depth understanding of Workers’ Compensation and Third-Party Claims. 

Workers’ Compensation Claims

Being injured at work and seeking compensation may seem pretty cut and dry. Workers’ Comp insurance is carried by all employers to protect themselves from lawsuits and it gives the employees a way to be compensated for workplace injuries. 

Workers’ Compensation will cover medical bills and most lost wages while you were away from work as a result of your injuries. In the case that a workplace injury has caused a fatality, the family of the employee will be covered as well. Workers’ Compensation does not cover prolonged injury that could result in lost wages over the course of a lifetime, therefore, you may not receive the compensation that you truly deserve.

Additionally, in the case of workplace injury and Workers’ Compensation, you will be unable to sue your employer directly. Unfortunately, that is part of the deal with Workers’ Comp insurance. This is important to keep in mind as you begin the claims process. 

Third Party Claims

Given the inner-workings of Workers’ Compensation claims, it may seem pretty straight forward. Employer carries insurance, employee becomes injured on the job, employee makes a claim for compensation – end of story. 

This isn’t necessarily the case, there are certain situations where you may be able to seek additional compensation from a third party. Now, the trick here is that your case must involve a third party. 

For example, if you were a service technician driving to your next service call and you were involved in a car accident with a third party driver, you would be able to seek both Workers’ Compensation as well as file a Third Party Claim against the at-fault driver. 

In Florida if you are injured in a car accident while on the job, you have the ability to choose whether to cover injuries through a Workers’ Compensation or Car Insurance claim, whichever is more beneficial to you. 


Hiring an Attorney

It is important to understand the nuances that come with Workers’ Compensation Law when you settle for the basic Workers’ Comp coverage, you may be missing out on additional compensation. While the majority of employers are required by law to carry Workers’ Comp Insurance, there are still situations where you may find trouble getting even basic Workers’ Compensation for your injuries. 

By working with an experienced attorney, you can gain a better understanding of your case and how you can best seek the compensation you deserve. No two Workers’ Comp cases are the same, so it’s helpful to get a professional opinion. Please reach out and let us know if you have a tricky Workers’ Compensation claim, we would love to work with you.

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