Third-Party Liability Claims in Wichita
Workplace & Work-Related Accident Claims
When you are injured on the job, your first route of recovering compensation is typically the workers’ compensation case. However, when your injury on the job is due to the negligence of someone other than your employer or coworker, you also have a second case against the negligent person or company.
The most common example is when you are traveling for work and you are in a car wreck that was the fault of another motorist, you have a “third-party liability” case against the negligent motorist. Another example is if you are working and your work takes you to someone else’s property and the property owner negligently has a dangerous condition on the property that causes you to be injured, you have a “third-party liability” case against the negligent property owner.
The Kansas workers’ compensation laws protect the employer you are working for and coworkers and you cannot sue them. However, when the negligent person or company is a third party, someone other than your employer or coworker, you have a bodily injury case against the negligent third party. In other words, you may have two cases: first your workers’ compensation case and, second, a personal injury case against the third party (the negligent company or worker working for another company).
Contact our Witchita third-party work injury lawyers at (316) 215-7717 for a free consultation.
Choosing a Doctor after a Work Injury
Under workers’ compensation laws, you must seek treatment through the doctors that your employer sends you to. These are the “authorized’’ doctors and any treatment through them will be paid by workers’ compensation under normal circumstances.
The medical treatment through the authorized doctors includes workers’ compensation paying for:
- Medical appliances
- Travel expenses
There is also a $500 allowance for you to see physicians of your own selection.
The second benefit is wage loss if the authorized doctor has you off work or if your employer sends you home because they cannot accommodate your restrictions from the authorized doctor. Work comp typically pays 2/3 of your wages up to the state maximum while you are unable to work, up until the time you reach maximum medical improvement. The first seven days you miss are not covered unless you are off work 21 days or more. Finally, workers’ compensation provides three types of settlements if you have a permanent injury. See our workers’ compensation page to learn more.
Damages in Third-Party Work Injury Claims
The claim against the negligent person or company (other than your employer or coworker) consists of all your damages.
You are allowed to recover for:
- Past and future medical expenses
- Past and future wage loss
- Past and future noneconomic losses, including:
- Pain and suffering
- Mental anguish
- Loss of time
- Loss of enjoyment of life
- Loss of consortium and loss of spousal services, and any other economic loss you have incurred
Our office is experienced at handling both workers’ compensation cases and third-party liability cases against the negligent party. We have handled these types of cases for years. It is important to allow a complete investigation by your Wichita work injury attorney to assist proving your case and it is more important not to provide a tape recorded statement to the insurance companies as these statements could easily hurt your case.