Third Party Worsite Injury Claims I Louisville, Kentucky
Workers' compensation pays a fraction of what a serious workplace injury actually costs.
When someone other than your employer is responsible for your workplace injury, you are not limited to workers compensation. A third-party personal injury claim against a negligent contractor, a defective equipment manufacturer, a negligent driver, or a property owner can recover pain and suffering, full lost wages, and other damages that workers compensation never provides.
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Third-Party Worksite Injury Claims Overview
When a person is injured while working, there are different laws that apply.
Your recovery may not be exclusively with your employer, if a third party injures you when you are working you may have a claim against that person. Workers compensation is the system most injured workers know about. It is the claim their employer tells them to file, and in many cases it is the only claim they pursue. What they are not told is that if someone other than their direct employer contributed to the accident, a separate personal injury lawsuit is available against that third party. This claim is not limited by the workers compensation formula.
“Workers compensation is the floor, not the ceiling. For injured workers with a viable third-party claim, it is often the smaller of the two recoveries. ”
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People who trusted us when it mattered most.
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From auto wrecks to malpractice and wrongful death, we handle complex cases with focus, care, and precision.
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A free, confidential consultation. No paperwork. No commitment. We listen to your story and ask the questions that matter.
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We review every case personally. If we take it, we handle it completely. If we do not think we can improve your outcome, we will tell you that honestly.
- No Fee Unless We Recover
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Know Your Third-Party Worksite Injury Claims Rights
Kentucky third party worksite injury law in plain language.
If you have been injured on a construction site, the sooner we can evaluate your situation, the more options you have. If we take your case, we handle it completely. If we do not think we can improve your outcome, we will tell you that honestly.
Your Right to Sue Third Parties Whose Negligence Caused Your Injury.
Under KRS 342.700, an injured worker who receives workers compensation benefits retains the right to pursue a civil lawsuit against any third party who is legally liable for the same injury. This right exists alongside the workers compensation claim, not instead of it. The two recoveries address different losses and both may be available simultaneously.
Your Right to Full Compensation That Workers Compensation Cannot Provide.
A third-party personal injury claim is not subject to the workers compensation formula. You may recover the full cost of medical treatment beyond what workers compensation covers, full lost wages including overtime and benefits rather than two-thirds wage replacement, pain and suffering, emotional distress, loss of enjoyment of life, and reduced future earning capacity. These categories make the third-party claim significantly more valuable than the workers compensation claim in most serious injury cases.
Third-Party Worksite Injury Claims Questions
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Yes. The two claims run in parallel and neither forecloses the other. In fact, coordinating both from the start is the most effective strategy because decisions made in the workers’ compensation case can affect the third-party case and vice versa. Retaining an attorney who manages both simultaneously prevents conflicts between the two tracks.
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In a third-party personal injury claim, you may recover all medical expenses, including those that exceed workers’ compensation coverage, full lost wages and overtime, pain and suffering, emotional distress, reduced future earning capacity, and, where applicable, punitive damages for particularly reckless conduct. The exact recovery depends on the severity of your injuries and the strength of the liability case against the third party.
Further reading
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Warning Signs You May Have a Medical Malpractice Claim in Kentucky
A bad medical outcome is not automatically malpractice. Malpractice happens when a provider fails to meet the accepted standard of...
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Kentucky No-Fault Insurance & PIP: What You Need to Know
Being involved in a car accident is stressful enough without having to figure out how your medical bills will be...
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