North Carolina and South Carolina Workers’ Compensation Attorney
Workers’ compensation is designed to protect employees and employers after an injury at work. Sometimes, the reason an accident occurred is due to a third party’s conduct. This is commonly seen when an employee is driving and a third party’s negligence causes an accident in which the employee is injured. In this case, there are many factors and the injured employee may not know where to turn.
Attorney Brian Steed Tatum understands the complexities that arise when a third party is added into the mix. His expertise and guidance can help an injured worker understand his or her rights. Brian Steed Tatum will pursue your claims for workers’ compensation and stand against a third party to ensure that you receive the maximum benefits allowed by law to compensate you for your injuries.
Workers’ Compensation and Third-Party or Subrogation Claims
When an employee is entitled to receive workers’ compensation benefits for an on-the-job injury and the injury was caused by a third party, then the injured employee can claim the third party as well as make a workers’ compensation claim. While workers’ compensation generally bars or prevents an injured employee from suing the employer, the employee may still have other legal recourse against any third parties involved. However, there are some limitations to recovery from a third party if an employee has previously received workers’ compensation benefits.
If the injured employee is entitled to recover against a third party by settlement or by a lawsuit, both the employee and the employer have rights. A subrogation claim is basically the substitution of one claim for another. In the claim against the third party, the employer has a lien against the employee’s recovery for all of the benefits that were paid by the employer’s workers’ compensation insurance carrier. The lien can include medical benefits and all other benefits paid under the workers’ compensation claim. Essentially, all benefits paid under workers’ compensation must be reimbursed by the third-party claim.
Each state has very specific laws about how subrogation and third-party claims work in their state. Each state also provides a layer of protection to employees and employers alike in a third-party claim. Generally, neither the employee nor the employer can accept a settlement or payment from the third party without the written consent of the other party. This is only one way that third-party claims are resolved.
Consult an Experienced Workers’ Compensation Attorney
If a third party caused the accident that resulted in you being injured while working, you may be entitled to more benefits than you realize. However, your employer may be reimbursed for providing any workers’ compensation benefits to you when a third party is responsible for your injuries. These types of situations can make for complicated claims and confusing legal issues.
The Tatum Law Firm understands the intricacies of workers’ compensation laws and subrogation claims and can help fight for your rights between the employer and the third party. Attorney Brian Steed Tatum is available to help ensure that your rights are protected and that you receive the maximum benefit allowed by law for your injuries sustained.
If you or a loved one has been injured in a workplace injury where a third party is responsible for the accident that caused your injury, please contact us at (704) 307-4350 or online for a free case evaluation.