Is Your Claim Worth More Than Workers’ Comp?

If you have been hurt at work in Minnesota, workers’ compensation can help pay medical bills and replace part of your lost wages. But workers’ comp generally does not cover the full impact of an injury – including pain and suffering and the ways your injury can affect your daily life.

In some cases, your claim may be worth more because someone other than your employer contributed to the accident. That may open the door to a third-party liability claim, which can provide additional compensation beyond workers’ comp.

David H. Bailly helps injured workers identify every available option for financial recovery after a workplace injury. He has handled more than 3,500 workers’ compensation claims throughout his distinguished career. From his office in Eden Prairie, he represents clients in Hennepin County and throughout Minnesota and western Wisconsin.

Let’s Audit Your Accident for Hidden Value. If you have an active workers’ compensation claim but feel you are being under-compensated, let’s take a closer look at how your injury happened. I provide a Third-Party Liability Audit for injured workers across Minnesota. Call David Bailly directly at 952-232-1053 or 800-250-3799 to see if your case may qualify for a third-party claim.

Signs You May Have A Third-Party Claim In Minnesota

After a work injury, it is easy to assume workers’ compensation is the end of the story. But if a person or company outside your employer played a role – even indirectly – you may be able to pursue a third-party claim for additional compensation.

Here are a few common “red flags” that can point to third-party liability:

Equipment Or Machinery Problems

• A tool, machine or piece of safety equipment failed or malfunctioned
• A safety guard was missing or bypassed on the equipment you were using
• You were using a vehicle or heavy machinery that seemed unsafe or poorly maintained

Injuries That Happened Off-Site Or On The Road

• You were driving for work when another driver caused a crash
• You were injured at a client’s location, a construction site or a retail property not owned by your employer
• You slipped, tripped or fell on property your employer does not own or maintain

Other Companies Or Nonemployees Were Involved

• A subcontractor or worker from a different company caused the hazard
• A general contractor (not your employer) set up or managed the work site
• A delivery driver or outside vendor created the unsafe condition

Professional Negligence Made Things Worse

• A doctor or clinic provided negligent care that worsened your injury
• An outside safety inspector failed to identify an obvious hazard

Important: You do not have to “figure it out” on your own. If one or more of these situations sounds familiar, it may be worth having an experienced workers’ comp attorney review how your accident happened, where you are in the workers’ compensation process and whether another party may be responsible.

Common Claims That Can Add Value Beyond Workers’ Comp

Workers’ compensation can be an important starting point after a work injury. But it is not designed to cover every loss, and it does not always tell the full story of what happened. In many cases, there are other insurance policies or legal claims that may apply – especially when another person, another company, or a defective product played a role.

Below are some of the most common options injured workers ask about. Some may not apply to your situation, but it is often worth taking a closer look before assuming workers’ comp is your only source of recovery.

• Third-party injury claims (including car accidents): If someone outside your employer caused or contributed to your injury – such as another driver, a contractor, a property owner, or an equipment manufacturer – you may be able to pursue a civil claim in addition to workers’ comp. In many cases, this is the path to compensation for losses like pain and suffering. (Learn more about third-party liability claims.)
• Short- and long-term disability: If your employer offers disability coverage, those benefits may help supplement workers’ comp when wage-loss payments are not enough to keep up with everyday expenses.
• Unemployment benefits: In limited situations, you may be able to receive unemployment benefits while you are under medical restrictions – for example, if you cannot return to your job and your employer cannot accommodate your restrictions.
• Other health care coverage: Your personal health insurance may sometimes help with treatment costs that workers’ compensation disputes, delays or denies. This can be especially important when bills are piling up.
• Employment-related claims: Some injured workers also face discrimination, retaliation, wage and hour issues, or other employment problems after reporting an injury. While David H. Bailly does not handle employment-law cases, he can explain your options and refer you to an attorney who does.

Every case is different, and timing can matter. If you have questions about whether a third party may be responsible or whether another benefit may apply, Mr. Bailly can review the circumstances of your injury and help you understand what is realistically available.

Find Out What Your Claim May Really Be Worth

Workers’ compensation may be only one piece of your recovery. If the circumstances of your injury involve a third party, you may be entitled to additional compensation.

Send Mr. Bailly an email or call 952-232-1053 or 800-250-3799. His office is in Eden Prairie, just outside Minneapolis.