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Third-party liability and your right to compensation

You were at work when it happened. A third-party contractor came to the construction site and started using equipment he wasn't familiar with. He assured everyone that he was well-education on the machinery, but soon you realized that was not the case.

Sadly, because of his negligence, you and several of your coworkers were seriously injured. You had to go through surgery and now have thousands of dollars in medical bills. While your workplace does provide workers' compensation, the insurer has been talking to your employer about subrogation.

What is subrogation?

Simply put, it means that one person stands in the place of another. For the purposes of a workers' compensation claim, it could mean that your employer is paying for your injuries despite not being at fault. When that happens, you and your employer have a right to pursue a claim against the third party who caused your injuries.

What if you don't have a right to workers' compensation?

Here's a different scenario. If you're a contractor working on a site and are hurt by another contractor also not employed by the company, then the company itself may not be liable and you may not be entitled to workers' compensation. In your case, you need to pursue a personal injury claim against the party who injured you. If that party injured you as a result of the business's negligence, you may need to sue the business or work with the other contractor to seek compensation for the injuries suffered.

This sounds complicated, is there help available?

Third-party claims can be complicated depending on how your accident occurred. Fortunately, your attorney is well-versed with working with people like yourself who have been injured but need strong representation. You have a limited amount of time to file a lawsuit, so it's important that you get in touch with your attorney soon after your work accident.

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