If you get injured while you are on the clock, you may assume that the natural next step is to report it to your employer and apply for their workers’ compensation benefits program. However, after reviewing your workplace accident over and over again, you may face the reality that a third party besides your employer was at fault for the event. This may prompt you to shift gears and pursue a third-party claim against the appropriate, negligent party. Well, in this case, please continue reading to learn whether you must return your workers’ compensation award after filing for a third-party claim and how an experienced St. Mary’s County workers’ compensation lawyer at The Dorsey Law Firm can help you do the right thing.
How do I know if I need to file a third-party claim?
To reiterate, if someone other than your employer was responsible for your work injury, you may know that you need to file a third-party claim. More specific examples of when this is relevant are as follows:
- A manufacturer of a piece of equipment may be responsible if it was defective or malfunctioned while you used it.
- An on-site contractor may have been conducting themselves negligently and subsequently put you in harm’s way.
- A reckless driver may have collided with you while you were on the job and/or operating a company-owned vehicle.
If I file a third-party claim, will I have to return my workers’ compensation award?
Say, for instance, that you first file a workers’ compensation claim with your employer or their insurer. But then, you pursue a third-party claim against the person or entity that should be held accountable for your incurred injuries. Ultimately, you may win your third-party claim and recover compensatory damages. However, you cannot receive financial compensation twice for the same injury or accident event. This is where subrogation applies.
With subrogation, your employer or their insurer can seek reimbursement for the financial compensation they have already distributed to you through your workers’ compensation claim, after you have a successful third-party claim. They may do so by placing a lien on your third-party claim settlement. Hopefully, though, you can still cover the full cost of your injuries and damages, since you technically got overcompensated at one point in time.
Rest assured, you may try to negotiate with your employer or their insurer to reduce the lien or reimbursement amount. This may require the negotiation skills of a talented legal representative, though. All of this to say, you must be fully equipped to enter your upcoming third-party claim proceedings and potential subrogation actions. Your preparation is not complete without hiring a skilled St. Mary’s County work injury lawyer. Contact The Dorsey Law Firm today.
