“Same Slip, Different Claims: How A Slip-And-Fall Can Simultaneously Result in a Workers’ Compensation Claim and a Third-Party Liability Claim”
Swift Currie workers’ compensation partner, Amanda Conley, and commercial litigation partner, Lauren Meadows, co-authored an article for WorkersCompensation.com discussing how a simple slip-and-fall can result in two different claims with two different legal standards.
The attorneys note details in a slip-and-fall scenario that would differentiate which type of claim it would fall under. If the injured employee has started their workday while the incident occurs, then it is compensable.
“In a compensable workers’ compensation claim, an injured employee is entitled to indemnity and medical benefits. If the employee is completely unable to work as a result of the injury, they are entitled to temporary total disability (TTD) benefits,” the attorneys mentioned.
If there’s a third-party claim, they can attempt to recover amounts expended on the claim from the third party by intervening in the claim and filing a subrogation lien. The attorneys highlighted that, to facilitate settlement of a third-party claim, the injured employee should have the employer and insurer waive a subrogation lien as part of the workers’ compensation settlement. The state law will determine if the recovery is successful or not.
The attorneys also emphasized how the scope of available damages greatly differs between workers’ compensation claims and third-party liability claims. Workers’ compensation claimants are limited to employer-provided medical treatment and specific wage loss benefits. In contrast, third-party liability claimants can recover pain and suffering for their injuries.
To view the full article, you may click here.
