If you have been injured on the job, you may have options beyond workers' compensation. While workers' comp provides benefits regardless of fault, it often does not fully compensate injured workers. In many cases, a third-party liability claim can provide additional compensation.
Workers' compensation covers medical bills and a portion of lost wages, but it does not compensate for pain and suffering, and the wage replacement is typically only two-thirds of your average weekly wage. When a third party (someone other than your employer or co-worker) contributed to your injury, you may be able to file a personal injury lawsuit for full damages. Common third-party claims arise from defective equipment or machinery, negligent property maintenance by a third-party property owner, motor vehicle accidents while on the job, toxic exposure caused by a product manufacturer, and subcontractor negligence on construction sites.
Workplace injuries can be caused by many different hazards, including falls from heights, especially in construction, heavy machinery accidents, repetitive stress injuries, exposure to toxic chemicals, electrocution, vehicle accidents during work duties, and being struck by falling objects. Certain industries, including construction, manufacturing, transportation, and healthcare, have higher rates of workplace injuries.
Construction is one of the most dangerous industries in America. The 'Fatal Four' causes of construction deaths identified by OSHA are falls, struck-by-object incidents, electrocution, and caught-in/between accidents. Construction workers often work for subcontractors on sites controlled by general contractors, creating multiple potentially liable parties. We investigate the full chain of responsibility to identify all sources of recovery.
If you are injured at work, you have the right to report the injury and file a workers' compensation claim, seek medical treatment from an appropriate provider, refuse to return to work that would aggravate your injury, file a third-party personal injury claim when applicable, and consult with an attorney before signing any settlement offers. Do not let your employer or their insurance company pressure you into accepting less than you deserve.
Attorney Mike Zara handles workplace injury cases in all six states where he is licensed: