You may have been injured while working and been approved for Worker's Compensation (in Idaho) or Labor and Industries (in Washington), and, while in most cases if your injury is a result of negligence of a fellow employee you are limited to the state compensation plan for any lost wages or medical expense. However, when your injury is the result of negligence on the part of someone other than your employer or co-worker, the statutory compensation plans provide for actions against those parties called a "third party claim".
The basic idea is that while employers pay compensation premiums for their employees and are protected from being sued, those persons who are not in the same employ do not have the same statutory immunity. This exception often arises in motor vehicle collisions when an employee is injured by the third party driver of another vehicle or in cases where an employee is on the premises of another person and suffers an injury on the property as a result of the property owner's negligence [Note the state of Idaho has some specific statutory restrictions on property owner liability].
In each of these instances, the injured worker likely has the right to pursue a claim directly against the liable party while still collecting worker's compensation benefits. Unlike state benefits provided to injured workers, a third party claim allows recovery for all compensable damage including pain and suffering, full lost wages, and other expenses incurred.
Typically, the state will have the right to recover the benefits paid to the worker on the claim, however, the state of Washington provides that the worker is entitled to at least 25% of the net recovery after fees and costs are paid. And, as a result of recovery future benefits may be limited for a period of time for the purpose of a worker "spend-down".
In some instances, where there is uninsured motorist coverage available, for instance in a motor vehicle collision, the worker may not have to reimburse the state at all. In addition, the worker's own personal injury protection under a Washington policy may allow the worker to receive additional wage compensation due to the reduced payments from the state compensation plan.
Worker's compensation provides a valuable benefit to both Washington and Idaho workers injured in the course of their work, and, a third party action can complement the recovery of the worker particularly in matters involving serious injuries. In most cases, the maximum benefit provided to injured workers is substantially less than the pre-injury earnings, making a third party claim against a negligent party often allows the worker greater financial benefit and helps to maintain the funds for the compensation program.
If you were injured in Washington or Idaho as a result of the negligence of a third party you should carefully consider hiring an attorney to present your claim for recovery, there are specific issues concerning third-party recoveries that need to be considered and addressed prior to any settlement. Ensure that any attorney you consider has experience and is knowledgeable about these issues.
