Michigan workers’ comp lawyer discusses third party claim and how to get additional pain and suffering damages.
Getting hurt on-the-job can turn someone’s life upside down. It can result in expensive medical bills and a period of lost wages. Medical bills can quickly add up and lead to bankruptcy. Employees who live paycheck-to-paycheck might not be able to support their family. Workers’ comp is designed as a safety net to cover medical and wage loss regardless of how the accident occurred. But what about damages for pain and suffering? Here is some information about a Michigan workers’ comp and a third party claim that everyone should know.
Workers’ comp claim vs third party claim
In Michigan, a workers’ comp claim is the exclusive remedy after being injured on the job and it only guarantees medical and wage loss benefits versus a third party claim which is a civil lawsuit against a non-employer whose negligence caused your work-related injuries and these claims can be worth much more.
Many of our clients are confused between these two claims. They get upset when told about their legal rights and how they cannot sue an employer for negligence. It does not seem fair that an employer who was negligent gets off free and clear. We explain that workers’ comp is the exclusive remedy and it only guarantees medical and wage loss benefits. In exchange, the employer gets protection from civil lawsuits. It is not a perfect system, but it is a balance of labor and business interests.
A third party claim involves a civil lawsuit against a third party who was not part of the employee-employer relationship. We see this when an employee gets hurt in a motor vehicle accident that some other driver caused. It is also common in situations where a general or subcontractor was negligent on a construction site. Sometimes a civil lawsuit can be filed against a manufacturer of a product or machine. Even the companies who are just hired to maintain equipment can be held accountable if they are negligent in their duties.
Damages from a third party lawsuit
Damages for a third party lawsuit include pain and suffering. This is not something that can be sought in a workers’ comp case but is paid in addition. We have seen many third party cases that have settlement value more than any Michigan workers’ comp claim.
Insurance companies have a statutory lien against any third party claim. The amount that must be paid back to workers’ comp is based upon a complicated formula. Watch out because insurance companies try to get all their money back and will even reduce future workers’ comp payments.
It is important to speak with an experienced workers’ comp lawyer whenever there is an on-the-job accident. He or she can make sure that legal rights are protected, and all potential avenues of recovery are explored. A settlement involving a Michigan workers’ comp claim and a third party claim must be coordinated in a way that puts money in the employee’s pocket not the insurance company.
Injured on the job in Michigan? Call our attorneys now!
If you are injured on the job in Michigan and have questions about the differences between a workers’ comp claim and a third party claim, call now to speak with an experienced workers’ comp attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand Michigan laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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