When you’re injured at work, your first step is typically to file a workers’ compensation claim. However, there may be situations where someone outside your workplace might be responsible for your injury. For example, a defective product or machine may have caused your injury, or a visiting company may have caused an accident.
This is where third-party liability comes into play. It refers to cases where an individual or entity other than your employer or coworker is responsible for your work-related injury, such as equipment manufacturers, property owners, contractors or other drivers in work-related accidents.
In Connecticut, injured workers can pursue a lawsuit against a third party while receiving workers’ compensation benefits.
What is the difference between workers’ compensation and third-party claims?
Workers’ compensation claims provide benefits to the injured employee regardless of who caused the injury. However, it only covers medical expenses and partial lost wages. Meanwhile, third-party claims require proof of negligence. If proven, it can cover pain and suffering, full lost wages and long-term care costs.
What do you need to do?
If you decide to sue a third party, immediately notify your employer in writing. Your employer can join your lawsuit within 30 days. Neither party can settle without the other’s agreement.
It’s crucial to act promptly. In Connecticut, you have two years from the injury date to file a claim. For municipalities, you may need to file a notice within six months. Missing these deadlines could cost you your right to compensation.
How does the compensation work?
If you recover damages from the third-party claim, the court addresses the employer’s claim first. The injured employee will then receive the amount left after reimbursing the employer. To balance this, the law usually reduces the employer’s claim by one-third to benefit the employee, except in cases involving government employers.
The employer must also continue to pay for any ongoing workers’ compensation benefits that the injured employee still needs, even after the court’s decision. This might include continued medical treatment or disability payments if they cannot fully return to work.
Hold the right people accountable
If you believe a third party may be responsible for your workplace injury, it’s best to consult with a workers’ compensation attorney. They can help you understand your rights, guide you through the process and work to ensure you receive the compensation you deserve.
