I was injured at work
I recently helped a client settle a claim that will give him financial security for the rest of his life.
My client, age 48, was injured in an on-the-job accident. The resulting settlement was in three parts: First, it gave him cash up front which he could spend as wanted. Last I heard, a new car was being given strong consideration.
Second, the settlement provided funds that allowed him to pay back $40,000 to his employer's worker's compensation carrier for medical expense and disability payments he received while recovering from his injuries.
Finally, the settlement provides that my client will start to receive monthly payments on his 60th birthday that will supplement his regular income while he continues to work, and his social security payments after he retires. The payments are in an amount that will enable him to live in comfort. They will continue every month for 20 years, until his 80th birthday. And the full 20-year payment term is guaranteed: if my client dies before his 80th birthday, the funds will go to his beneficiary.
This settlement resulted from my client being injured by a truck driver who worked for someone other than my client's company. That fact gave rise to a "third party claim" that allowed for more generous compensation for the injury than could be obtained from workers' compensation insurance alone.
Frequently workers who are injured at work automatically assume that they are limited to worker's compensation benefits such as medical care and disability payments. Often they will hire a "worker's compensation attorney" and again assume that this person will tell them if they should make any additional claims.
The wiser option is to consult a lawyer who specializes in third party claims. Usually third party claims must be initiated within one year or else they are forever barred. However, in some cases, such as claims against governmental entities, claims have to be made much earlier, such as within six months.
If you are in a situation where you believe you might have a third party claim, promptly consult a knowledgeable attorney. Otherwise, you may unknowingly give up a right to compensation, sometimes amounting to hundreds of thousands of dollars - or financial security for the rest of your life.
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© 2000 Nelson C. Barry III
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