As a construction worker, you may be well aware that you are covered under a workers’ compensation policy in the event of an on-the-clock accident. While this no-fault insurance system does not require you to prove anyone’s negligence to get benefits, you may know that someone did act inappropriately and ultimately prompted your injuries and damages. And so, you may be tempted to take further action to hold them legally accountable, perhaps through something like a third-party claim. Well, if this is your current train of thought, please read on to discover whether you should file a workers’ compensation claim or third-party claim and how a seasoned Miami construction accident lawyer at the Law Offices of Gonzalo Funes, PA, can fight to ensure you receive a fair amount of financial compensation regardless.
Should I file a workers’ compensation claim, third-party claim, or both?
It is almost always the case that we encourage our clients to file workers’ compensation claims after their workplace accidents. This is because, here, all you may have to prove is that your accident occurred on the jobsite or your injuries were incurred while performing job-related tasks. So long as this is properly reported, you may receive payment for your necessary medical treatments and partial wage replacement if you were forced to miss work temporarily. With this guaranteed repayment, though, you may be barred from suing your employer directly through a separate legal action, even if you have a valid reason to believe their negligence contributed to this incident.
Namely, a separate legal action would likely be in the form of a third-party claim. This is a type of personal injury claim that may be filed against an at-fault party other than your employer. For example, a general contractor or subcontractor may have been careless and failed to maintain safety standards on the construction site per Occupational Safety and Health Administration (OSHA) regulations. Or, a driver may have recklessly operated a site vehicle. It is worth mentioning that, in these cases, it is possible to file both a workers’ compensation claim with your employer’s insurance program and a third-party claim against the negligent party.
What evidence do I need to prove I have a valid third-party claim?
In contrast to workers’ compensation, a third-party claim is a fault-based claim. This means that, as the plaintiff of this claim type, you may be expected to satisfy a burden of proof. While this may require a lot of hard work on your part, the payoff may be broader compensation than what your workers’ compensation benefits could ever offer. Namely, you may recover damages such as your pain and suffering, full lost wages, loss of future earning capacity, future medical bills, and long-term disability, among other things. And so, for a valid third-party claim after your construction accident, you must establish the following elements as true:
- The defendant conducted themselves negligently on the construction site.
- The defendant’s negligent behavior prompted your construction accident.
- You incurred serious bodily injuries from your involvement in the accident.
- You are still suffering from serious financial damages due to your injuries.
If you are ready to step foot into this legal path, do not do so until you have retained a competent Miami-Dade County injury lawyer from the Law Offices og Gonzalo Funes, PA. We look forward to your phone call and to taking on your case.
