Can I Sue a Third Party for a Workplace Injury Even If I Already Received Workers’ Comp?

Workplace injuries are usually pretty straightforward. You get injured at work, file the necessary report, and receive the benefits you’re entitled to. But when there’s a third party involved in the accident that caused your injury, it’s more complicated. While you can still seek workers’ compensation, you may also be able to file a third-party claim that allows you to receive more compensation from the other party.

Is this still an option if you’ve already started receiving workers’ compensation benefits? Learn more now, and when you want to move forward with a claim, call Thiry & Caddell at 251-336-3627.

Understanding Workers’ Compensation in Alabama

Workers’ compensation is a system that helps injured employees receive partial wage replacement and get their medical care paid for while they recover. It’s also beneficial for employers, as it protects them from personal injury claims resulting from workplace injuries. Injured workers can only seek compensation from their employer via workers’ compensation. The vast majority of companies in Alabama are required to carry workers’ comp insurance, which pays out benefits.

Both sides have their own responsibilities in this system. As a worker, you have to report the injury in a timely manner and cooperate with your employer. This means seeking prompt medical treatment and, in most cases, submitting to drug and alcohol testing, and filling out the necessary paperwork.

However, workers’ compensation is capped. The state has set minimum and maximum payments, based on the average weekly wage across the state. For injuries occurring on or after July 1, the minimum payment is $298 per week and the maximum payment is $1,084 per week. An injured worker’s benefits are two-thirds of their average weekly wage, not to fall outside the state’s minimum and maximum amounts. Furthermore, injured employees cannot receive compensation for pain and suffering or other expenses.

The Role of a Third-Party Claim

That’s where a third-party claim steps in. If a worker is injured due to the negligence of a third party, they may be able to pursue a personal injury claim against that person. Personal injury claims allow you to seek more compensation than workers’ comp does, as you can demand full income replacement, pain and suffering, property damage, mental trauma, and other losses. However, the risk is also greater—while workers’ comp is essentially guaranteed if you are injured at work, you can only receive compensation via a personal injury claim if you successfully prove the other party’s negligence.

A third-party claim isn’t always an option. For example, if a coworker causes your injury via recklessness or error, you cannot sue them. The at-fault party must be someone not employed at your place of employment. Common examples include:

• Someone who hits you and causes a car accident while you are on the clock

• The manufacturer of a faulty piece of equipment that breaks and causes you an injury

• A contractor or outside party who behaves recklessly and causes an injury

What Happens If You’ve Received Workers’ Compensation Benefits?

The good news is that you can file workers’ compensation and a third-party claim at the same time. You aren’t barred from workers’ compensation simply because someone else may be at fault; since the injury happened at work, you are still entitled to workers’ compensation.

It’s important to note, though, that you cannot receive double compensation for the same injury. If the other party is found to be liable for your injuries, workers’ compensation will be repaid what they have already paid you. This decreases your overall settlement. This is still often the best option for victims, though, as it allows them to have some income coming in via workers’ compensation while they wait for the riskier third-party claim to play out. Either way, it’s best to discuss it with an attorney.

Start Your Claim with Thiry & Caddell

If you’ve been injured at work and your employer is trying to deny your workers’ compensation claim, we’re here to help. Let’s sit down, talk about your injuries, and figure out your next steps. Reach out to our team online or call us at 251-336-3627 to set up a consultation with our team of Mobile workers’ comp attorneys.