If you were injured while working on the clock at work, you may think that worker's compensation is your only option to recover from your financial losses. However, you may be able to make a third party claim to seek additional compensation. Here is what you need to know about this unique personal injury lawsuit situation.

Know That A Negligent Third Party Can Be Held Responsible

One thing to understand about this unique situation is that it will only work when you have a third party that is responsible in your work related accident. For example, if you were driving a vehicle as part of your job and got into an accident, such as making a delivery, you would use worker's comp to recover from your financial losses. However, there may also be a negligent party that caused the accident as well. This could be a drunk driver or someone that ran a red light, where you are clearly not at fault. It is possible to make that third party claim against the responsible driver to seek additional compensation. 

Be Aware Of Subrogation Against The Third Party

What makes this legal situation unique is that the worker's compensation insurance provider will have a right to subrogate your third party claim if you decide to move forward with a lawsuit. In most instances, your primary financial losses will be covered by worker's compensation, and you have the option to go after the third party for more damages. For example, you have a strong case for pain and suffering damages that would not be covered by worker's compensation.

In this instance, the worker's compensation insurance provider would be notified of your third party claim, and if you win, they would have the right to claim their part of the settlement that you received from the third party. You would then keep the remainder of the settlement that you won.

Know Why You'd Pursue Both Options

You may be wondering why it is worth pursuing both legal options of worker's compensation and the third party claim. It may be beneficial for you financially to use worker's compensation to recover your immediate financial losses, and then go through the longer legal process against the third party for the remainder of what you feel you deserve. worker's comp will help pay those medical bills faster and allow you to recover lost wages sooner, when it could be years until you see the result of a personal injury lawsuit against the third party. 

Find a personal injury law firm in your area today. 

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