Workers’ Compensation and Third-Party Liability in Workplace Accidents

Working with a skilled Delaware workers’ compensation attorney from Silverman, McDonald & Friedman can give you a competitive advantage. We bring workers’ compensation claims on behalf of clients in and around Wilmington, Newark and Seaford.

Delaware worker’s compensation is a no-fault disability program that gives workers a sense of security that if they should become seriously injured while doing their job, or if they should contract an occupational disease they will have some income to rely on and their medical care will be taken care of. Because it is a no-fault system, you do not have to prove your employer’s negligence in order to qualify for the temporary disability benefits, but there are a few limitations to workers’ compensation.

Limitations of workers’ compensation

Workers’ compensation does not include compensation for the non-economic damages that can come with a serious workplace injury that requires surgery – and even multiple surgeries and months of convalescing afterwards. It is possible, however, to hold other parties responsible who might have some liability in the accident that caused the injury including:

• The manufacturer of a defective tool or piece of machinery
• The owner of the property where the accident took place
• If it was a motor vehicle accident, the driver of the vehicle, the driver’s employer and the owner of the vehicle might be held liable

Third-party lawsuits in workplace injuries

There are several other parties who might also have some degree of liability in a worker’s injury, depending on the type of accident. When a worker files a negligence lawsuit for a workplace injury, this is referred to as a third-party cause of action.

An example of how a worker might hold other liable parties accountable for a serious workplace injury is the case of a construction worker who fell from a lift that malfunctioned while he was restoring the roof of an historic church in Manhattan. The worker reached a $3.8 million settlement with the church after a malfunctioning bucket lift sent him tumbling to the floor. He injured his head, back, hands and ankles, and underwent spinal fusion surgery. The workers’ comp attorneys took legal action against the church under New York labor laws that hold commercial building owners liable to ensure the safety of contractors doing work on their premises. The worker also collected $320,000 in workers’ compensation benefits.

In cases such as this, when a worker receives a third-party settlement after they have already received workers’ compensation, the employer’s workers’ compensation insurer will take out a lien against the settlement so that they can be reimbursed for the medical expenses and lost wages they paid the worker.

The dedicated Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman are here to fight for your right to fair compensation after a workplace injury. Contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with a skilled attorney in Wilmington, Newark or Seaford today.