When you’re injured in an on-the-job accident, your resulting medical bills and missed wages are covered through workers’ compensation, which your employer provides regardless of who was at fault.
But what if the fault belongs to a third party? For example, if a machine malfunctions and injures a worker, shouldn’t the manufacturers be held accountable? Or if a delivery truck driver is hit by someone else, shouldn’t the other driver be responsible for the medical bills?
The answer to all these questions is yes: you can pursue compensation from third parties when you’ve been injured on the job. In fact, in many cases third parties don’t have the same limits as workers’ compensation. If you’ve been severely injured by poorly constructed equipment, you may be able to recover more money by pursuing the company most responsible.
The higher settlement can help cover medical bills, emotional distress, and lost wages; and in some cases the court might choose to award punitive damages as well in an attempt to ensure the company doesn’t make the same mistake again.
In Tennessee, if the employee has already received workers’ compensation benefits, he or she will have to repay that from what they recover from the third party. In other words, you can’t receive both workers’ compensation and third party benefits – but you also shouldn’t need to.
Our Memphis workers’ compensation attorneys always look for third party liability. We can help you explore all of your options based on the type of accident you experienced. Contact us today to talk with an attorney or give a call at 901-327-1212.
(Photo by Cris DeRaud)