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Sunday 25 July 2021
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Can an Injured Worker Seek Compensation from a Third-Party?

A lot of people know that when they sustain injuries on the job the expenses related to the injury and lost wages are paid by workers’ compensation insurance. However, some don’t understand that workers’ comp benefits can be affected by third-party settlements and the offsets they can make. 

In many instances, workers’ compensation may not cover all the injured employees’ expenses related to their workplace injury. When awarded, the worker can get wage loss payments which are about two-thirds of their average weekly wages for the time they cold work. But, sometimes, a worker might have a claim against a third-party for the injury on the job. The third-party claims could give them additional compensation for their injuries.

Although third-party claims are good news to the injured worker, they need a North Bergen Workers Compensation Attorney to help them understand the effect of third-party settlements and employer requests for offsets on their workers’ comp benefits. The lawyer can fight for the compensation their client deserves by ensuring all the responsible parties pay and compensate the injured worker. 

Third-Party Claims

Workers’ compensation exists to help injured workers get financial assistance with their medical expenses and lost ages quickly instead of suing their employers through the circuit court that can take years to end. Accordingly, an injured worker cannot sue their employer over a workplace accident that leads to an injury. But, workers’ compensation does not hear cases regarding an at-fault third-party. Thus, an injured employee will file a civil lawsuit based on negligence when a third party’s negligence caused or contributed to the injury. 

As you try to focus on healing, it can be difficult to understand when you have a potential third-party claim. Also, determining the best approach and the evidence needed is not easy if you are not well versed in this profession and practice. But, you don’t have to go through all these processes alone. An experienced lawyer will conduct an investigation since a third-party lawsuit could compensate you for medical expenses, pain and suffering, lost wages, emotional distress, and other damages that workers’ comp may not cover. 

How Third-Party Settlements and Offsets Affect your Workers Comp Benefits

In New Jersey, an injured worker can pursue extra damages for an injury associated with the negligence of a third party through a lawsuit. The lawsuit alleges that the third person was negligent and this negligence caused the injury. But, this applies only when a worker’s injury is caused by someone other than their employer or coworker. In some instances, if the injured worker successfully received compensation from a third-party settlement, a lien can be placed against the recovery. Also, their employer can ask for an offset against the workers’ comp benefits paid on behalf of the worker. 




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