Estimating the amount of damages.
Unlike workers’ compensation claims, there are no limits on the kinds and extent of damages that may be collected in a third-party case. Employees may seek payment for medical bills, permanent disability, property losses (such as the loss of a vehicle in a crash on the job), out-of-pocket expenses, psychological trauma, punitive damages, and pain and suffering.
Negotiating with the worker’s compensation insurer.
If you file a third-party claim for your work injury, the insurance company that provided your worker’s compensation benefits is allowed to be paid back some of all of what it paid for your claim. This is called subrogation, and is a way for workers’ compensation insurers to recoup their payment for medical bills, vocational training, and wage losses from the third party that caused your injury. An attorney can negotiate with a worker’s compensation insurer on your behalf, adding weight to your third-party claim.
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