Workers’ compensation pays for an injury that occurs as long as you are in the course of your employment
They pay temporary benefits, your medical, and you can also get a measure of compensation based upon the fact that you have some permanent injury that’s left as a result of the injury
If you’re on the job and you’re injured because of someones negligence not related to your employer
If someone else is negligent such as another contractor or an owner or controller of the property where you happen to work, you have the right to make a negligence claim against that individual or company
In that case, you can demonstrate the person exposed you to an unreasonable harm, and that you were injured by that unreasonable harm.
You can collect for your pain and suffering, economic damages, and any future loss in terms of loss of earning capacity. These types can be collected through the negligence claim.
It is important to keep in mind that workers’ compensation and negligence are intertwined in the sense that if you collect money in the negligence claim, you must reimburse your employer
Keep in mind, your employer’s paying you regardless of negligence
This means that if you’re able to recover from someone who caused the employer to pay you, then you have to reimburse them
This is called your employer’s workers’ compensation lien, which has to be satisfied.
The intricacies of the workings between the workers’ compensation lien and the recoveries in negligence are confusing and highly technical
It often takes a great deal of finesse in negotiating liens and in dealing with the adjusters and those responsible for collecting those liens
It is important that you consult a personal injury lawyer who has some expertise and who has handled such cases in the past. It is to your benefit