Although workers’ compensation in Wisconsin is considered the exclusive remedy that injured workers have against employers and negligent colleagues per Wis. Stat. 102.03(2), there are many situations wherein a third-party negligence bears some – or all – blame for an injury or illness giving rise to a workers’ compensation claim. These are referred to as “Third-Party Liability” claims, and they are specifically outlined in Wis. Stat. § 102.29.
It’s important to discuss with a Wisconsin workers’ compensation lawyer because you could be entitled to an additional payout, but also because whatever you receive could impact your workers’ compensation benefits. Your insurer or medical provider may have rights to a “lien” on certain recoveries you benefits obtained. It’s necessary to be prepared for this possibility, and make sure you aren’t signing a settlement that will come back to bite you later.
Do not miss out on an opportunity to obtain additional money to help you recover. The attorneys at Lein Law Offices in Wisconsin can evaluate your case and advise you whether you have a third-party claim.
There are a few primary differences between third-party liability lawsuits and workers’ compensation claims:
Both benefits can be essential to helping an employee and family stay afloat financially in such a difficult time. It’s important to have a dedicated Wisconsin legal team who can advise you of your rights.
Because health care insurers, workers’ compensation insurers and medical providers may have grounds to assert a lien on third-party liability settlements or damage awards, there is a formulaic breakdown of damages distribution in Wis. Stat. § 102.29. Note that spouse/ dependent damage awards payable under civil tort claims aren’t subject to liens by workers’ compensation insurer.
Third-party defendants are individuals or companies other than the employer or co-worker who may be legally responsible for the employee’s injuries – just as they would if the worker wasn’t acting in the course and scope of employment at the time of the injury.
Examples of third-party liability defendants include (but are not limited to):
Workers’ compensation insurers have the right to participate in third-party settlement negotiations or litigation – even when there isn’t enough liability insurance to make whole either the employee or the insurer. Both employee and workers’ compensation insurer may be entitled to interest when recovering damages from a third party.
Call Lein Law Offices — Wisconsin workers’ compensation attorneys in Wisconsin toll-free at 1-800-944-3949. You can also email us online .
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