Who is liable for a workplace accident?

Employees go to work every day and expect to complete their work in a timely manner. However, sometimes accident can occur. If an employee suffers from an accident in the workplace, they may be eligible to collect workers’ compensation. With the benefits of workers’ compensation, an employee can take time off of work to heal from their injuries while they are being supported financially. For these accidents, neither the employee or the employer is deemed liable for the accident. Workers’ compensation protects both the employee and the employer in these situations. If the employee wished to, they could file a lawsuit against their employer but that makes them unable to collect workers’ compensation.

Workers’ compensation is a useful tool that injured employees can use to gain money to cover expenses that have piled up due to an employee’s accident in the workplace and subsequent injuries. It can provide economic damages that can cover the cost of medical bills, lost wages and lost future wages. Through workers’ compensation, victims of an accident may also be entitled to benefits including medical care, supplemental benefits, social security benefits and death benefits, along with the above cash benefits. If an employee is not able to work anymore, they may be entitled to long-term benefits that can help them sustain their quality of life. With all these benefits, individuals are able to provide for themselves when they are unable to work. They may not face as serious of a financial situation due to the buildup of medical bills. Also, they will not have to face the situation of filing a lawsuit against their employer in order to receive damages.

What if a third party is involved?

When a third party is involved in a workplace accident, they can be held liable. A third party can be the supplier of a certain product that may have been used by the company or some other involvement may be applicable. The injured employee is able to seek workers’ compensation and file a lawsuit against the third party for their involvement. However, if the employee wins a lawsuit against a third party, they may have to pay back the workers’ compensation. This is because the damages won from the lawsuit could cover their expenses and medical bills. Since the third party is not their employer, they are able to file a lawsuit and collect workers’ compensation. If the employee was to sue their employer, they are unable to collect workers’ compensation.

Marc N. Needelman is an experienced attorney working throughout the state of Connecticut. Contact the law firm to set up a free initial consultation for matters related to real estate, personal injury, criminal defense, estate planning, and more.

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