If you file a workers' compensation claim against your employer, you may also file a lawsuit against a third party whom you feel is responsible for your injuries. If you receive compensation from that third party, the employer who is paying for your workers' compensation claim can file a lien on the monies you receive from the third party in a lawsuit. The money would then go to cover the claim expenses.
When a worker files a claim against another party (other than their employer) who they believe is also responsible for their injuries, it is a process known as subrogation.
An Attorney Can Help You Navigate Complex Workers' Compensation Matters
If you feel that a third party owes you compensation for your injuries, it is very important that you follow the laws of your state carefully as you seek to file a claim against them. Refer to your company's handbook or procedure guide for the right process to follow. Likely you should inform your employer quickly of your intentions.
Workers' compensation laws and workers' compensation liens are complicated business. Under some circumstances, it may be better for you, the injured worker, to consult the help of an experienced lawyer for advice before taking a step forward with a lawsuit. For more information, contact us today at 816-471-5111.
