Equipment fails, people don’t pay attention or materials are sub-par. The heavy machining work is dangerous and stressful on the machines that help you do your job. That is why these machines have to be tough, reliable and last a long time. However, every now and then, the forklift you were driving or the jackhammer you were operating breaks and you are injured. Can you file for workers’ compensation and pursue a lawsuit against the third-party responsible for your injuries? The short answer is yes, and this article will review the legal implications of that scenario.
Workers’ compensation is designed to get money to you fast. You sacrifice some of your recovery in exchange for speed and efficiency in getting it to you. The idea behind this system was to ensure that workers and their families do not become impoverished if the primary breadwinner is injured. However, sometimes you receive workers’ compensation while you are also pursuing a lawsuit against the entity or person responsible for your injury.
The first thing you should do is file a workers’ compensation claim. You were working, and you were injured so you are entitled to those payments. The second thing you should do is file a lawsuit against whoever was responsible for your injury. Bear in mind that your employer is entitled to reimbursements for your workers’ compensation payments from the money you receive from that third party.
How your employer gets to this recovery depends upon your relationship with them. Ideally, you and your employer maintain an open dialogue through your attorneys, and you collaborate on the best way. However, if this communication breaks down, then your employer can resort to more forceful means, like placing a lien on your recovery or intervening into the lawsuit to protect their rights.
If you were injured on the job and are interested in taking action against a third-party, then you may want to contact a workers’ compensation attorney. The attorney could work on your behalf in an effort to help you resolve any disputes between yourself and your employer.