HELPING YOU RECOVER DAMAGES AGAINST THOSE RESPONSIBLE FOR YOUR WORK INJURY
When you have been injured on the job, your employer is obligated by law to provide certain workers’ compensation benefits. These benefits may include payments for medical care, lost wages, and permanent impairment. In exchange for providing benefits, the law protects employers by prohibiting an injured employee from suing them for work-related injuries and illnesses.
Alternatively, an injured worker may bring a claim when the cause of a work accident can be attributed to an individual or entity unrelated to their employer. This is called a third-party claim and it is separate from a workers’ compensation claim.
EXAMPLES OF THIRD-PARTY CLAIMS
When your work injury has been caused by the careless or negligent conduct of a person or business not your employer, you are eligible to make a third-party claim. The following are examples of situations when a third-party may be liable:
- You are involved in a motor vehicle accident while driving a company vehicle or driving to accomplish a job-related task
- You are bitten by a dog while working outside of the office
- At a jobsite you are exposed to dangerous substances or toxic chemicals
- You are injured at a jobsite that did not implement proper safety protocols
- Tools or equipment that you are using malfunction or are defective
- Another company’s employee caused the accident
When someone else’s careless or negligent actions result in you being injured at work, you have the right to pursue compensation. At Tateishi & Tanaka, we have more than 40 years of experience representing injured workers in third-party claims. We will thoroughly evaluate the circumstances of your accident to determine if you are eligible to bring a third-party claim.
CAN I GET WORKERS’ COMPENSATION BENEFITS AND COMPENSATION FROM A THIRD-PARTY CLAIM?
In most situations, a third-party claim is brought once your workers’ compensation claim has been finalized. When you recover damages from a third-party, the law allows your employer to be reimbursed for workers’ compensation benefits that have been paid to you. Your employer will hold a lien against the third-party settlement or judgment. It is not uncommon for an employer’s lien to be more than the amount of your third-party recovery. The attorneys at Tateishi & Tanaka know the law in Hawaii. We have worked with the Department of Labor and many of the workers’ compensation insurers and attorneys in Hawaii. We will fight to recover compensation from the third-party responsible for your injuries and will work hard to keep the compensation recovered in your pocket.
Contact our experienced, local Hawaii personal injury attorneys today
Schedule your free consultation with a local attorney specializing in work injuries and third-party claims. If you or a loved one has been injured at work in Hawaii, the experienced attorneys at Tateishi & Tanaka will fight to recover compensation for your injuries. Contact us online or call (808) 244-3933 today for a free initial consultation.