Mitch Rice Injury Law
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Differences between workers’ comp and a third-party injury claim

Kansas began and continues to grow and thrive with the hard work of people like you who call this great state home. Our state motto means “to the stars through difficulties,” but you probably never expected your difficulties to stem from an on-the-job injury.

As trying as it may be, your injury does not have to be the end of your story. Here is what you need to know about workers’ compensation and third-party injury claims to help you recover and regain your freedom.

What is the difference between workers’ comp and a third-party workplace injury claim?

Workers’ compensation benefits come from the insurance your employer must carry by law to cover your and other employees’ workplace injuries. Your injury must “arise out of and in the course of employment” to receive Kansas workers’ compensation, but you do not have to place blame on anyone. A third-party workplace injury claim, on the other hand, requires you to prove that someone else is responsible for your injury. For example, if a customer physically attacked you and caused you to break your leg, you can file a third-party injury claim against them. You can also file this type of claim against manufacturers of defective products, such as a new ladder that gave way beneath you, causing you to fall and suffer a spinal injury.

Can I receive compensation from both?

Workers’ compensation may not be enough to cover your medical bills and other expenses while you recover. You might be eligible to receive workers’ compensation benefits and file a third-party injury suit against the responsible party.

Even the most minor workplace injury is still a life-altering event. Pursuing the highest compensation the law allows can help ease your stress and allow you to focus on your recovery.