It is no secret that construction work is a dangerous occupation. The Occupational Safety Health Administration (“OSHA”) is responsible for regulating workplaces for the health and safety of its employees. OSHA reports that 1 in 5 workplace fatalities occur in the construction industry and the most common causes are falls followed by being struck by objects and electrocutions.
There are other dangerous industries including maritime and forestry, but even in industries that are not considered especially dangerous, workplace accidents and injuries can occur. Our construction and worksite accident attorneys have achieved successful results in pursuing third party claims and workers’ compensation claims for workplace accidents causing injuries.
Third party liability
It is a common, but inaccurate belief that employees may not recover more than workers’ compensation when they are injured at work. In some cases that is true, but in other cases where third parties are responsible for employees’ injuries, employees may seek compensation from third parties outside of his or her workers’ compensation claim. Recovery may include medical bills, property damage, pain and suffering, lost wages, and loss of earning capacity.
It is true that you may collect both workers’ compensation and a third party recovery, but you may not double dip. This means that if you collect reimbursement for medical bills from a third party and those bills have already been paid by workers’ compensation, you will be required to pay amounts that have already been paid back to the workers’ compensation insurance company.
Workers’ compensation benefits are rarely enough to cover all of an employee’s injuries and damages and benefits do not allow for pain and suffering. Because of this, the possibility of collecting under a third party liability claim is something that attorneys at SMT Legal always look into on behalf of our clients.
Third party claim results
Our successful third party claims include:
- $2,500,000 for a claim brought against multiple defendants for a construction accident that included recovery for physical and emotional injuries and damages.
- $1,182,500 for a claim brought against multiple defendants in an industrial fall accident that left the employee with broken bones and head injuries.
Workers’ compensation results
Sometimes workers’ compensation claims are disputed by employers and our clients seek our assistance in securing the compensation they deserve for their worksite injuries. Our attorneys have successfully secured numerous six figure recoveries from workers’ compensation carriers for clients whose claims were initially disputed.