Workers’ compensation often gives you enough to survive and recover after a construction injury. However, if you are like most people, that is probably not very comforting.
You want to do more than survive — you want to become whole again to the greatest extent possible. You might have to think outside the workers’ comp box to have a chance of accomplishing that.
What are third-party claims?
The key to this is often a third-party claim. In a worksite injury, the two main parties would be you and your employer. The third parties could be nearly anybody.
Faulty equipment could make the manufacturer liable. Poor maintenance could be the responsibility of the repair company, rental outfit or contractor. Low-quality materials could create liability for suppliers. The list goes on.
Why would you bother?
Why would you want to start a lawsuit when you already have workers’ compensation? That is a valid question. The motivations are different for everyone, but it would probably come down to at least a few of the following potential benefits:
- Your employer might join you in suing the third party
- You could attempt to claim compensation for your pain and suffering (unlike in workers’ comp)
- You probably would not have to pay attorney’s fees upfront
- You could seek justice against the people truly responsible for your injury
How long do you have to decide?
There are deadlines to meet and schedules to keep when dealing with an injury lawsuit or workers’ compensation claim. It would be hard to say exactly how much time you have, but it is usually better to act quickly.
Memory fades, evidence washes away and cases weaken over time. Facts become less reliable: That is one of the reasons that the court puts limits on these types of actions.
Workers’ comp limits your ability to go up against your employer — but you might still have a chance of getting what you truly deserve. It is up to you to decide whether it is worth it.
