Should I File a Workers’ Compensation or Third-Party Claim for My Work Injury?

electrician fixing wires

Workplace accidents can be devastating, as they can leave victims with serious injuries and damages. If you recently received a work injury, you may be wondering whether to file a workers’ compensation or a third-party claim. Read on to learn how a seasoned Howard County personal injury attorney at Lloyd J. Eisenberg & Associates can help you in determining how to proceed. 

What are the most common types of workplace accidents to occur?

Work accidents can occur in just about any workplace environment, seemingly safe ones. While they can occur in an office or a retail setting, most often, they occur on a construction site. 

Construction accidents can occur for varying reasons. Though, they are generally due to OSHA violations and dangerous work conditions. That said, some of the most common types of construction accidents include, but are not limited to, the following:

  • Falling debris.
  • Scaffolding falls or collapses.
  • Building collapses.
  • Trench cave-ins.
  • Blade and saw accidents.
  • Nail gun accidents.
  • Crane accidents.
  • Defective equipment.
  • Defective harnesses. 
  • Dangerous ladders.
  • Explosions.
  • Burns.
  • Electric shock.
  • Exposure to hazardous materials.
  • Lifting injuries. 
  • Dangerous property conditions. 

Aside from the construction site, below are the most common types of accidents that can occur in just about any workplace environment in the state of Maryland:

  • Slip and falls or trip and falls.
  • Falling objects.
  • Muscle strains.
  • Repetitive motions.
  • Crashes or collisions.
  • Toxic fume inhalation.
  • Loud noise exposure. 

How do I determine whether to file a workers’ compensation claim or a third-party claim?

Like every claim, the circumstances of your accident will largely determine whether you are eligible to file a workers’ compensation claim or a third-party claim. 

For one, workers’ compensation is a type of no-fault insurance that most employers are required to carry. So, if you were injured while on the job, regardless of who is at fault, you should receive compensation through a workers’ compensation claim.

On the other hand, if your accident occurred as a result of a liable third party who is not your employer, you may have grounds to file a third-party claim. Common examples of possible at-fault third parties include a subcontractor, an equipment manufacturer, and a designer. 

Importantly, if you file a third-party claim after filing a workers’ compensation claim, you may be responsible for reimbursing your employer and their insurance company for the support they offered you in the meantime. Additionally, the insurance company may issue a lien towards your future compensation to recover the money they spent on your medical bills, lost wages, etc.

For more information, do not hesitate in reaching out to one of our competent attorneys at our personal injury law firm in Howard County

Contact Our Howard County, Maryland Firm

If you or a family member has sustained severe injuries in an accident caused by another person’s negligence, contact Lloyd J. Eisenberg & Associates today.

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