By Jennifer D. Donnelly, Esq.
If you’re hurt on the job, you report the injury, receive medical treatment, and, if you are unable to work, workers’ compensation may provide wage-loss disability benefits. Accessing your worker’s compensation benefits can be a complex and confusing ordeal.
Many people do not realize some workplace accidents involve more than just a workers’ compensation claim. In certain situations, an injured worker may also have a separate claim against a third party whose negligence caused the injury.
Understanding the difference is important. It may significantly affect the compensation available to you. The good news is, if you have an attorney, that attorney should be maximizing all of your available sources of recovery.
Workers’ compensation is designed to protect employees who are injured while performing their jobs regardless of who is at fault. In exchange, and barring very few exceptions, that employee cannot sue their employer for negligence.
For example, if a nurse injures her back while repositioning a patient, or a warehouse employee strains a shoulder lifting heavy inventory, those injuries are often handled exclusively through the workers’ compensation system. Medical expenses, wage-loss benefits, and other benefits governed by Delaware’s workers’ compensation statute apply, but there is generally no lawsuit against the employer.
However, not every workplace injury fits neatly into that category.
Sometimes another person or company – someone other than your employer – is responsible for causing the accident. When that happens, you may have both a workers’ compensation claim and a separate third-party liability claim.
The most common example is a car accident that occurs while you are on the job. A school bus driver struck by another vehicle, the delivery driver who was struck by a vehicle that runs a red light. Because the driver was working at the time, workers’ compensation may provide benefits. At the same time, the negligent driver of the other vehicle may also be legally responsible for the injuries, creating a separate personal injury claim with additional potential sources of compensation.
These situations involve two different legal systems serving different purposes. Workers’ compensation is designed to provide prompt benefits without requiring proof that anyone was negligent. A third-party claim, on the other hand, requires proving another individual or company acted negligently and caused the injury.
The available compensation may also differ. Workers’ compensation generally covers medical treatment, a portion of lost wages, and other statutory benefits. A successful third-party claim may allow compensation for additional damages that workers’ compensation typically does not provide, such as pain and suffering, loss of enjoyment of life, and the full measure of future medical expenses or lost income.
Because the two claims often proceed simultaneously, they can become very complex. Deadlines may differ, insurance companies may have competing interests, and the workers’ compensation carrier may have certain reimbursement rights if money is recovered from the third party.
The important takeaway is simple: don’t assume that every workplace injury is just a workers’ compensation case.
If you’ve been injured while working – particularly in a car accident, defective equipment, or due to the negligence of someone outside your employer’s organization – it is worth discussing with an attorney whether another claim may exist.
Call us today for a free consultation – 302-565-6100.
Bio
Jen Donnelly has been an attorney in Delaware for 14 years and has spent the last 8 years of her career with Kimmel, Carter, Roman, Peltz & O’Neill. Jen specializes in auto accidents, work-related injuries, product liability, wrongful death cases, and toxic tort cases including asbestos and mesothelioma cases. Jen previously worked for a nationally recognized defense firm where she represented corporations and insurance carriers, equipping her with a unique insider perspective that she now uses to advocate for her clients. She is a member of the Holland Inn of Court, Delaware Trial Lawyers Association, and the American Association for Justice, and has been recognized by U.S. News: Best Lawyers: Ones to Watch™, Delaware Today “Top Lawyers,” and a Delaware Super Lawyers Rising Star.
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