Generally speaking, if you are hurt on the job, your sole remedy is through Workers’ Compensation. But what happens when your injury is caused by a non-employee while you are on the job? Generally, you will still follow the procedures for an on the job injury. Namely, you must immediately inform your employer and make a Workers’ Compensation claim. However, because the at fault party is non-employee, you will have two options.
First, you can treat the accident as a regular on the job injury. Under this scenario, your accident related medical expenses will be paid by Workers’ Compensation, and you will be reimbursed for 2/3 of your lost wages. Workers’ Comp will then go after the at fault party to recover those expenses.
Your other option is to retain a private attorney to represent both Workers’ Compensation and your own interests. The private attorney will make sure the at fault party's insurance company reimburses Workers’ Comp for what it paid out. The private attorney will also go after the at fault party's insurance company to recover the additional 1/3 of the wages that Workers’ Comp does not pay. Finally, the private attorney will seek a fair amount of compensation for pain, suffering, interference with activities of daily living, and the like.
The attorneys at Dwyer Williams Potter regularly handle third party Workers’ Compensation claims. We are more than happy to discuss your case and your options with you.