Consider Having the Same Law Firm Represent You
Third-party actions and workers’ compensation claim–consider having the same law firm represent you if both actions arise from the same accident/injury.
Often when an employee is injured on the job, there is not only the recourse of pursuing a claim for benefits available under the Workers’ Compensation system, but also a cause of action (i.e. lawsuit) that is available against a responsible third party.
When Should Your Workers’ Comp Lawyer Represent you for a 3rd Party Injury Claim?
For example, lets assume you are driving a delivery truck for your company and you get into an auto accident for which you are entirely at fault. Even though you are at fault, because you were working in the course and scope of your employment, you have a viable claim for Workers’ Compensation benefits to address the injuries you sustained. Clearly, however, there is no other responsible party (under these limited facts) as the accident was entirely your fault.
However, if we change the facts a bit and assume that while you were delivering goods for your company, another person rear-ended you, you likely have not only your workers’ compensation claim, but also an action against the responsible other individual–the “third party”.
In such cases, it is typically best to try to have a law firm that handles both workers’ compensation claims as well as civil litigation third-party claims handle both cases on your behalf. This is because there is often consequences, some which can have a very significant impact on you financially and/or with respect to your ability to obtain much needed medical care in a reasonably time fashion, if you settle one of these cases without considering the impact on the other.
If you have two (2) different firms representing you hopefully, although not always, they will work as one firm on your behalf by ensuring that you obtain the maximum benefit available to you when considering the interplay affect each case’s settlement has on the other case. The best way to ensure this is have one firm represent your interest in both.