Workers' Compensation Versus a Third-Party Negligence Claim
If you are injured in a workplace accident, you can file a workers' comp claim to collect benefits to help cover medical expenses and replace a portion of your lost wages if you have to take time off work during recovery. These are the essential elements of a workers' compensation claim. When you file such a claim, the exact cause of your injuries is irrelevant to determine eligibility. In other words, you don't have to prove that someone's negligence caused the damages. When you file a third-party injury claim, however, you are tasked with providing evidence to convince the court that another party was negligent. You must also prove that the party's negligence directly caused you to suffer physical, economic or emotional damages. While the benefits provided through the workers' compensation program are intended as partial wage replacement and to pay medical bills or make ends meet at home while you're unable to return to the workplace, pain and suffering is not taken into account when determining the amount of compensation a particular worker can receive. When filing a third-party lawsuit, you may list pain and suffering when seeking financial recovery for damages.Common Causes of Injuries That Result From Third-Party Negligence
The events that led to you suffering an on-the-job injury may have been outside your employer's control. If so, there may be evidence that third-party negligence was responsible for your injuries. The following list includes some of the most common types of incidents that occur in the average workplace that often lead to litigation in a civil court:- Accidents involving defective products or machines
- Motor vehicle collisions
- Slips and falls

Support for Loved Ones If a Fatality Occurs
Perhaps you lost a loved one in a workplace tragedy. If their death occurred because of another person's negligence, you might be eligible to file a wrongful death claim to seek restitution. There is no way to replace the loss of a human life. However, court-awarded compensation often helps grieving families cover funeral expenses and other financial burdens associated with a loved one's sudden death.Proving a Third-Party Negligence Claim
The court takes many factors under consideration when handing down a ruling in a third-party negligence lawsuit regarding a workplace accident. Four of the main factors are:- Your injuries occurred at work.
- The defendant you have named owed you a duty of care.
- There was a failure of such duty.
- The defendant's negligence was a direct cause of your injuries.
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