Workers' Compensation and Third Party Claims

Were you injured on the job?

Did someone other than your employer cause your injury?

Were you injured by a dangerous condition at your job site?

Were you injured by a motor vehicle?

Were you injured by a product-a tool, or a piece of equipment?

Did a public utility (electricity or gas) cause your injury?

If so, you may be able to bring a third party claim, in addition to receiving workers' compensation benefits.

A worker injured on the job may have two legal cases. Every person injured during the course of his or her employment-regardless of fault- has a right to recover benefits from the employer's workers' compensation insurance company. These benefits include wage loss compensation, payment of medical bills, compensation for permanent injuries, widow's benefits in the event of death, and other benefits set out in Connecticut's workers' compensation laws. These same statutes generally prohibit an injured worker from suing fellow employees or employers for negligence on the job.

Where the actions of an outside person-a "third party"-cause the worker's injury, however, the worker may have a second claim in addition to workers' compensation benefits. Such a third party claim is filed in regular civil court, rather before the workers' compensation commission. The filing of such a third party action does not replace or change the benefits under workers' compensation. An injured worker can pursue both cases at the same time. The compensation available in third party civil cases is different in amount and kind from the limited statutory benefits under the workers' compensation system, which does not permit recovery for pain and suffering or future lost wages. A successful third party action can greatly increase the monetary recovery for a person injured on the job.

Third party claims can arise in automobile accidents, where the injured worker is driving on the road and is injured through the fault of someone else. They may arise where the worker is injured by a defective machine or other product. Most commonly, however, third party cases arise at construction sites, where workers employed by different companies perform different and often dangerous tasks in a single location.

Construction sites are dangerous places, creating risk of serious injury to workers and bystanders alike. Because of the presence of other workers and employers, a person injured at a construction site may have a third party claim against a negligent employee of another company, or a negligent general contractor, or against the owner of the property who creates or maintains a dangerous condition. A large project may involve a general contractor or construction manager, numerous specialized trade subcontractors including ironworkers, electricians, plumbers, heating, ventilating and air conditioning (HVAC) mechanics, operating engineers to run cranes and other heavy equipment, other skilled or licensed trades, and roofers, siding installers, painters and many other kinds of skilled laborers. All of these workers are supervised by job foremen, engineers, architects, inspectors and other supervisory personnel up to and including the owner of the job. Where so many people and companies are working together, on different schedules, and sometimes at cross purposes, the potential for injury caused by another person's negligence is high.

Construction workers can be injured in many different ways, including falls from heights; collapses of excavations or trenches or scaffolding; lifting injuries; slip and fall or trip and fall injuries; accidents during demolition, debris removal or other material handling; collisions with motor vehicles or motorized equipment; impacts from falling objects; equipment failures; missing, defective or insufficient safety equipment; problems with ladders or scaffolding; crane, hoist and rigging accidents; crush injuries from mishandled or falling loads; chemical explosions, burns, or other toxic exposures; and fires, explosions and electrocutions. Workers can also be injured by doing the same task over and over again (repetitive trauma injuries); by exposure to chemicals or other hazardous substances in the workplace; and by routine construction site tasks such as lifting, or operating saws, drills or other power tools.

To determine whether a construction worker has is a third party claim arising out of an injury; he or she should consult an experienced injury lawyer. At our firm, we have handled thousands of workers' compensation cases, some of which we've developed into third party cases with million dollar recoveries.

Workers' Compensation Claims

Injured workers are entitled to workers' compensation benefits even if no one is to blame for their injury, or even if they themselves are entirely at fault. Compensation benefits include continuation of a percentage of pay while he or she is totally disabled, payment of all necessary and reasonable medical expenses, and compensation according to a schedule for permanent impairment or permanent disability to a particular body part, such as a hand, arm, leg or back. The workers' compensation statute also provides other benefits, including, in applicable cases, "partial disability" benefits, and sometimes scarring awards.While injured workers often handle simple compensation issues themselves, when a compensation case is contested by the insurance company legal representation is usually necessary. Workers' Compensation claims are heard before a Commissioner, who acts as the judge to decide contested issues. Although often conducted informally, commission proceedings are adversarial. Without representation, an injured employee's rights may not be fully protected; he or she may be unaware of the compensation benefits to which they are entitled by law. A first consultation with lawyers at our firm is always free. We almost always handle workers' compensation cases on a contingent basis: our fees are paid as a percentage of the amounts we recover for our clients, as approved by the Workers' Compensation Commissioner.

Third Party Claims

In addition to rights and benefits under Connecticut's workers' compensation system, injured workers occasionally also have a claim against a "third party" whose negligence caused or contributed to their injuries. Workers' compensation benefits do not include compensation for pain and suffering or for future loss of income. With a viable third party claim, an injured worker can recover money damages for pain and suffering and other compensation not available in the workers' compensation system. Potential third party defendants include other contractors, negligent employees of other companies and individuals who cause injuries while operating cars, trucks or other motor vehicles suitable for on-road use. Sometimes a property owner is liable for creating or maintaining dangerous or unsafe conditions at his building, his work site or on his land. Sometimes utility companies cause injuries by failing to disconnect public utilities or to repair damaged power lines. It may be possible to bring claims for personal injuries against design professionals, architects or engineers, if they design or cause dangerous conditions on the job. Companies that manufacture or market dangerous or defective products may be liable to workers who use the products and are injured by them.

Construction accident claims can be complex. Construction sites are governed by federal statutes and regulations, state statutes and regulations, the Occupational Safety and Health Administration (OSHA), and numerous specialized codes including building codes, electrical codes, fire safety codes, and industry standards published by specific industry groups, or the American Society for Testing Materials (ASTM).

If you have been injured on the job, in a construction accident, an industrial accident, or otherwise hurt in the work place, please call us for a free consultation. We represent injured workers on a contingent fee basis; we only charge a fee if we recover money for the injured worker. With our experience in major injury cases, our lawyers will skillfully analyze and investigate work injuries, file a third party claim if it exists, and maximize our client's recovery, whether in workers' compensation or in a personal injury lawsuit filed in civil court.

Copyright © Jacobs, Grudberg, Belt, Dow & Katz P.C. 2009