Same Job Site, Different Companies: Is It a Work Comp Claim or Not?
Suffering an injury while on the job is undoubtedly stressful, but the complexity intensifies when the individual responsible works for a different company. Should you file a workers’ compensation claim or a third-party injury claim?
Luckily, Rocky McElhaney Law Firm handles both types of injury cases, so we’re ready to help no matter what option you need. Today, we want to look at those options so you can make informed decisions about your future.
What jobs see the most injuries?
According to the National Safety Council, in 2022, the four most dangerous jobs included:
- Construction– experienced the most workplace deaths
- Education and health services– experienced the most nonfatal injuries and illnesses involving days away from work
- Agriculture, forestry, fishing and hunting– experienced the highest death rate per 100,000 workers
- Transportation and warehousing– experienced the highest injury and illness rate involving days away from work per 10,000 workers
In each of these industries (with the exception, perhaps, of education), you often see collaboration between workers from different companies. Construction sites typically have multiple crews and contractors working on them, for example, and transport jobs regularly involve more than one company operating in a space. Even hospitals can have this problem, because most doctors aren’t employed by hospitals: they just have privileges to work there. In short, you can find yourself injured by a worker from a different employer almost anywhere you work. When that happens, it is important to know your options when it comes to seeking restitution.
How do I know which type of claim to file after a worksite injury?
Often, in jobs where you are often working alongside fellow employees and outside contractors, such as a construction site or road work zone, you may end up injured due to someone else’s mistake, and that someone may not work for the same employer as you do. In these cases, you may be eligible to file a workers’ compensation claim, a third-party injury claim, or both, depending on your circumstances.
Filing for workers’ compensation
Workers’ compensation is a form of insurance that provides benefits to employees who are injured on the job, regardless of fault. If you file a workers’ compensation claim, you typically do not need to prove that someone else was at fault for your injury.
Benefits offered by workers’ compensation in Tennessee include medical treatment related to the work injury without any cost to the employee, and wage loss benefits. Travel expenses for medical treatment exceeding 15 miles one way may also be reimbursed.
Temporary disability benefits (starting from the eighth day a treating physician deems the employee unfit for work and potentially going back to the first day if the disability lasts over fourteen days) are meant to replace lost wages. These benefits usually amount to about two-thirds of the average weekly wages earned in the 52 weeks before the injury. Additionally, if work restrictions lead to reduced earnings, partial disability benefits may apply. It’s important to follow your treating physician’s instructions, as failure to follow work restrictions, especially regarding offered light-duty work, may risk losing temporary disability benefits.
You can file for workers’ compensation in almost any scenario involving a worksite injury, as long as you are an eligible, covered employee.
Filing a third-party injury claim or lawsuit
If a separate party not directly associated with your employer caused the accident that resulted in your injury, you could file a third-party claim against that party. You may have to file a personal injury lawsuit if you are classified as a contractor.
Filing a third-party claim enables you to hold the responsible party accountable for their actions. This may include subcontractors, equipment manufacturers, or other individuals or entities working on the same site but not directly employed by your company. Because of the need to determine liability, there is the potential for an independent investigation into the circumstances of the accident. This can be crucial in establishing fault and ensuring that all responsible parties are held accountable for the injuries sustained.
It is important to note that if your injury occurred while you were on the clock, then you are eligible for workers’ compensation. If your injury was caused by someone who is not employed by your employer, then you can file a third-party injury claim in addition to your workers’ compensation claim.
Why is it good to file both a workers’ compensation claim and a third-party injury claim?
Filing a third-party injury claim along with a workers’ compensation claim is a smart move when you get hurt by someone not working for the same employer. Workers’ compensation helps cover your medical expenses and lost wages, but it likely will not fully compensate you for everything. A third-party claim allows you to seek additional compensation from the person or entity responsible for your injury.
If you find yourself injured at work due to the actions of another worker who doesn’t work for the same employer as you, Rocky McElhaney Law Firm is here to provide the assistance you need. Our Nashville worksite injury lawyers can help assess the viability of your claim, conduct a thorough investigation into the circumstances of the accident, and ensure that you receive the full compensation you deserve for medical expenses, lost wages, and other damages. If you’ve been injured at work by a worker from another company, let Rocky McElhaney Law Firm be your advocate in securing the justice and compensation you rightfully deserve. To schedule a free consultation, call our office or submit our contact form. We operate offices in Nashville, Hendersonville, and Clarksville today.