When it comes to workplace injuries, many employees in Oklahoma rely on Workers’ Compensation to provide essential benefits that cover medical expenses and lost wages. However, there are instances where third-party liability claims come into play, offering additional avenues for recovery. The Armstrong Law Firm, PLC, explains the differences between these two types of claims and how a Tulsa Workers’ Compensation Lawyer can help injured employees better navigate their options and protect their rights.
Oklahoma Workers’ Compensation Basics
Workers’ Compensation is a form of insurance that employers are required to carry in Oklahoma. It provides benefits to employees who get injured or become ill due to their job. The key elements of Workers’ Compensation include:
- No-Fault System: Workers’ Compensation operates on a no-fault basis, meaning that employees do not need to prove negligence on the part of their employer to receive benefits. In exchange, employees relinquish their right to file a lawsuit against their employer for the injury.
- Benefits Covered: Employees injured on the job can receive benefits for medical expenses, rehabilitation costs, and a portion of their lost wages while they are unable to work. Additionally, permanent disability benefits may be available for more severe injuries.
- Employer Obligations: Most employers in Oklahoma must provide Workers’ Compensation coverage. Failure to do so can lead to penalties and increased liability for workplace injuries.
What Are Third-Party Liability Claims?
While Workers’ Compensation provides essential support after a workplace injury, it may not cover all losses an injured employee may suffer. In cases where a third party (someone other than the employer) is responsible for the injury, employees may have the option to file a third-party liability claim. These situations might involve:
- Injuries caused by defective equipment or products.
- Accidents involving another driver’s negligence if the injury occurred while driving for work.
- Injuries sustained by an employee due to negligent acts caused by an individual working for a different employer.
If another person negligently injures a person and the person is not related to that person by employment, the person may have a third-party claim no matter where the injury occurred.
For example, if a worker is involved in an accident while traveling for work, such as being struck by a drunk truck driver, the worker may have multiple avenues for compensation. They can file for Workers’ Compensation benefits, which are designed to cover medical expenses and lost wages due to work-related injuries. However, compensation amounts are often limited and may not fully address the worker’s financial needs.
The injured worker may also pursue a lawsuit against the truck driver and the trucking company. This could enable them to recover additional damages that are not covered by Workers’ Compensation, such as pain and suffering, mental anguish, and, in some cases, punitive damages aimed at holding the responsible parties accountable.
Elements of a Third-Party Liability Claim
To succeed in a third-party liability claim, the injured employee must demonstrate the following elements:
- Duty of Care: Establish that the third party had a legal obligation to ensure the safety of individuals.
- Breach of Duty: Show that the third party failed to uphold this duty, either through action or inaction.
- Causation: Prove that the breach directly resulted in the employee’s injury.
- Damages: Document the extent of injuries, medical treatment, and financial losses incurred due to the injury.
While two separate claims may be complex, exploring both Workers’ Compensation and third-party liability claims can provide a more comprehensive approach to recovering damages after an accident.
Simultaneous Claims: Interplay Between Workers’ Compensation and Third-Party Claims
If you pursue both Workers’ Compensation benefits and a third-party liability claim at the same time, there are some factors involving simultaneous claims. For instance, if an employee receives Workers’ Compensation benefits and then successfully recovers damages from a third-party claim, the employer’s Workers’ Compensation insurer may have the right to recoup some of the benefits paid out, depending on the settlement amount.
Navigating both Workers’ Compensation claims and third-party claims can be complicated. Consulting with an experienced attorney who understands the nuances of both systems can help maximize recovery and ensure that all legal avenues are pursued.
Get What You Deserve with an Oklahoma Workers’ Compensation Attorney
Employees in Oklahoma need to be aware of the protections provided by Workers’ Compensation and the potential for additional recovery through third-party liability claims. Knowing the differences between these two types of claims can empower employees to make informed decisions about their rights and options following a workplace injury. Whether dealing with Workers’ Compensation or exploring a third-party claim, seeking expert legal guidance can make a significant difference in achieving a favorable outcome.
If you or someone you know has been injured on the job, contact The Armstrong Law Firm, PLC, in Tulsa. We offer a free consultation with a qualified attorney to discuss your case and explore your rights under Oklahoma law.