[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/3rd-party-lawsuit-after-worker-compensation-settlement\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/3rd-party-lawsuit-after-worker-compensation-settlement\/","headline":"3rd Party Lawsuit After Worker Compensation Settlement","name":"3rd Party Lawsuit After Worker Compensation Settlement","description":"When you get injured on the job, you have a right to seek workers compensation benefits from your employer. However, if the on-the-job injury was caused by the negligence or reckless actions of a third party unrelated to your employer, you may also have a case against that third party. These types of claims which… Continue reading 3rd Party Lawsuit After Worker Compensation Settlement<\/span><\/a>","datePublished":"2024-05-29","dateModified":"2024-07-17","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Beninato & Matrafajlo Attorneys Law LLC.","logo":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","width":366,"height":74}},"image":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2017\/11\/construction-300x199.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2017\/11\/construction-300x199.jpg","height":199,"width":300},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/3rd-party-lawsuit-after-worker-compensation-settlement\/","about":["Workers Compensation"],"wordCount":498,"articleBody":"When you get injured on the job, you have a right to seek workers compensation benefits from your employer. However, if the on-the-job injury was caused by the negligence or reckless actions of a third party unrelated to your employer, you may also have a case against that third party. These types of claims which are separate from workers compensation cases are known as third-party claims.Understanding Third-Pary LiabilityCalifornia\u2019s no-fault workers compensation system was designed to facilitate a relatively smooth process to help injured workers claim much-needed compensation for medical expenses and lost income after suffering a workplace injury. However, in most cases, the workers compensation system does not allow workers to sue their employers. It should be noted that it is a no-fault system, which means that you, as the employee, will not have to prove your employer was negligent to receive benefits.In some other cases, another individual or entity, someone other than your employer, may have had some liability in causing your injuries. In such cases, you may be entitled to compensation from that party as well.Some common situations in which third parties may be found liable for workplace accidents include:Motor vehicle accidentConstruction accidentsDefective productsProving Negligence in a Third-Party ClaimA third-party claim is a personal injury lawsuit that is handled in civil court if it is not resolved informally. Just like any other civil claim, you would have to present evidence that your injuries, damages and losses were caused by the third-party defendant\u2019s negligence or wrongdoing. The elements you will need to prove include:Duty \u2013 the defendant owed you a duty of careBreach \u2013 said duty of care was breached or violatedCausation \u2013 such breach was the direct cause and proximate cause of your injuriesDamages \u2013 you in fact suffered damages as a resultDifferences Between Third-Party Claim & Workers CompensationThe main difference between a workers compensation claim and a third-party claim is the types of damages available in each claimWorkers\u2019 compensation includes the following benefits, which may be available depending upon the nature and circumstance of the worker\u2019s injuries:Medical costs and related expenses;Temporary disability benefits (two-thirds of the worker\u2019s lost wages while unable to work);Permanent disability benefits (for long-term injuries);Supplemental job displacement benefits (if the worker could work another job given proper training and education);Death benefits.Although you have to prove your claim in a third-party lawsuit, there is a major advantage as compared to workers\u2019 compensation claims \u2013 you are able to recover non-economic damages such as those for pain and suffering and emotional distress.Call a New Jersey Accident AttorneyIf you or someone you know has suffered any type of injury in an accident caused by the reckless or negligent actions of another party, an experienced New Jersey personal injury attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"3rd Party Lawsuit After Worker Compensation Settlement","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/3rd-party-lawsuit-after-worker-compensation-settlement\/#breadcrumbitem"}]}]