What Are Third-Party Workers Comp Claims?
Sometimes, an employee is injured while at work due to the actions of someone other than the employer or co-worker. In such a situation, the injured employee will likely have a workers compensation claim AND a “third-party claim” against the individual (other than the employer or co-worker) who was responsible for the accident or the injury. Many times, this “third-party…
What are General Third Party Workers Comp Claims?
Sometimes, an employee is injured while at work due to the actions of someone other than the employer or co-worker. In such a situation, the injured employee will likely have a workers compensation claim AND a “third-party claim” against the individual (other than the employer or co-worker) who was responsible for the accident or the injury. Many times, this “third-party…
Comparative Fault in Third Party Claims
If the negligence or comparative fault of a third party causes an employee’s injury at work, then the employer or its workers compensation insurance company can assert a tort claim (or intervene in the employee’s tort claim) against the third party to recover from the third party the workers compensation benefits which it paid to…
Uninsured Motorist Claims in Third Party Claims FAQ
One limitation on the right to reimbursement by the employer and the workers compensation insurance company occurs during situations involving uninsured motorist coverage. For example, if an employee, driving the employer’s vehicle, is injured by the negligence of a third-party driver, who turns out to be uninsured (or underinsured), this employee can receive workers compensation benefits from the…
Employee Claims Against Third Parties
Under Louisiana law, workers compensation is the “exclusive remedy” between the employer and the employee, meaning that an employee can generally only sue his or her employer through the Louisiana workers compensation system and rules. However, claims by an injured employee against a third-party wrongdoer whose fault brought about the employee’s injury are not through the Louisiana workers compensation system…
Employer Claims Against Third Parties
Under Louisiana law, the employee is entitled to proceed both by claiming workers compensation benefits from the employer and its workers compensation insurance company, while at the same time filing a claim or lawsuit for damages against a third-party wrongdoer. However, the employee will not be able to recover for the same damages twice – otherwise known as…
What are Second Injury Fund Claims?
Louisiana’s “Second Injury Fund” or “SIF” is a trust created by state law and administered by the State Second Injury Board (“SIB”) that is funded by payments from workers compensation insurance companies and self-insured employers. The purpose of the Second Injury Fund is to persuade employers – who otherwise might worry about an increase in workers compensation insurance…
What is Social Security Disability Insurance?
Social Security Disability Insurance (SSDI), also known as Social Security Disability (SSD), is insurance through the United States government in case an individual becomes disabled. Social Security Disability Insurance (SSDI) is available for workers who have paid into the Social Security trust fund through Social Security taxes on their earnings, as well as for certain dependents of disabled workers who…
