Over 25 Years of Experience Serving The Quad Cities

Can you sue a third party while receiving workers’ comp?

On Behalf of | Aug 16, 2022 | Workers' Compensation |

No one who works for a living should have to worry about a total loss of income because of their employment. Any employee hurt on the job, even if their employer is clearly not to blame, can receive workers’ compensation benefits.

The no-fault nature of Iowa workers’ compensation coverage means that fault doesn’t play a role in a worker’s claim. They can get both medical benefits and disability coverage even when there is clear documentation that their employer followed every appropriate safety measure and regulation.

Workers can even get benefits when someone from outside the company is to blame for their injuries. For example, workers who get hurt in machinery malfunctions caused by defective components or who suffer injuries in car crashes while driving for work could easily blame an outside company or an individual for their injuries. Can these injured workers file a civil lawsuit against a third party if they already claimed workers’ compensation benefits?

You can make a personal injury claim in addition to a benefits claim

Your right to hold a third party accountable for your injuries and lost wages is separate from your right to coverage for work-related medical issues. If you receive health benefits or disability coverage through workers’ compensation, you still have every right to compensation from the person or business ultimately to blame for your injuries. There are certain expenses that workers’ compensation won’t cover.

Your disability benefits will absolutely help you pay the bills after your injury, but the state will only pay you two-thirds of your average weekly wages, at the most. A claim against a driver who hit you or a company that released unsafe equipment could replace the remainder of your lost wages. You could also potentially obtain repayment for any property damage losses you suffered, such as the damage to your vehicle or your work safety gear.

An injury on the job could easily mean thousands of dollars in expenses and lost wages. You shouldn’t have to absorb those costs yourself, especially when there is clear evidence showing that a third party is to blame. Pursuing all available forms of compensation can help people hurt on the job and injured by someone’s negligence or misconduct.


RSS Feed