Workers’ compensation may cover medical bills and part of a worker’s lost wages after a landscaping injury. However, landscapers often work on job sites owned or managed by other people or companies.
When someone other than an employer contributes to an accident, an injured worker may have the right to pursue additional compensation through a third-party personal injury claim.
When can a third-party claim arise?
Workers’ compensation can cover medical bills and part of your lost wages, no matter who caused the injury. However, it does not cover pain and suffering. You may have a separate claim if someone outside your employer caused the accident. This may include:
- A driver who struck a work crew
- A property owner who failed to fix a hazard
- A subcontractor who created unsafe conditions
- A company that made defective equipment
Identifying everyone involved in an accident is an important step because more than one party may share responsibility.
How do workers’ compensation and personal injury claims work together?
You may pursue a third-party claim while receiving workers’ compensation benefits. Many injured workers file both claims at the same time.
Workers’ compensation can help pay for medical care and lost income. Unlike workers’ compensation benefits, a successful third-party personal injury claim may allow an injured worker to seek damages for pain and suffering, full lost wages and other losses depending on the circumstances.
These claims often work together to help injured workers pursue a broader financial recovery after a serious accident. Similar issues can arise in other work-related injury cases.
Why does early action matter?
Worksite accidents often involve several parties. Finding out who shares responsibility may require a review of contracts, equipment records and job site conditions. Taking prompt action to preserve evidence and evaluate potential claims can help protect your rights and uncover additional sources of compensation beyond workers’ compensation benefits.