Third-party Workplace Injuries in Indiana
In general, injured workers in Indiana are entitled to workers’ compensation regardless of liability. However, the amount that an injured worker receives from workers’ compensation is often not enough to really cover all the associated expenses. Accordingly, if there is another company, entity or person who is partially responsible for your injuries, a well-informed Evansville personal injury attorney can assist you in bringing a third-party liability lawsuit so that you can possibly receive further compensation from that party. An attorney will also note that it is important that you file your lawsuit within two years of the date of the accident.
In the case of workplace injuries caused by third parties, a lawsuit stemming from those injuries can give you damages that will likely surpass those amounts that you could have ever collected in a workers’ compensation claim, especially if your injuries are extremely serious. Also, if the lawsuit is against a third-party manufacturer of equipment that malfunctioned or failed and resulted in injury and damages, a seasoned attorney can help you get damages to cover all the expenses associated with the related injury. It is, however, essential to understand some of the key differences between a workers’ compensation claim and a third-party lawsuit.
For example, a primary difference is that workers’ compensation claims are handled by the Workers’ Compensation Board of Indiana, while third-party lawsuits are handled by the civil court system. Also, if a workers’ compensation claim cannot be resolved by the attorneys or insurance representatives, your claim will be resolved by a member of the Board. However, if a third-party lawsuit cannot be settled out of court, the outcome of such lawsuit will be determined by a jury.
Moreover, third-party claims may also pay compensation to the injured party for future financial losses. Also, a workers’ compensation claim may depend on a permanent partial impairment rating to reach a settlement amount; but, a third-party claim does not have this type of system to award damages.