Workers' Compensation benefits are the employee's exclusive remedy against the employer or a co-worker for an on-the-job injury, but if the accident was caused by the fault of a third party, the injured worker may sue the responsible party for the full measure of damages including pain, suffering, full lost wages, reduction of earning capacity, medical and other related bills and expenses, incurred in the past and such damages likely to be incurred in the future.

Common situations where these "third party lawsuits" arise is when the injury occurs at a construction site (see Construction Site Accidents and Scaffold and Ladder Accidents); when the employee is in a car accident while in the course of employment (compensation benefits are paid first, and sometimes No-Fault benefits can be paid as well, see Auto Accidents - No-Fault Law); when the employee trips on a defective condition which was caused by an outside company, or the employer's landlord or maintenance company; when a defective product causes the injury; when an injury is worsened by medical malpractice; and many other times. If you were seriously injured on the job, it would be wise to discuss your case with an attorney to see if you can sue for the full measure of your damages on top of your worker's compensation benefits. If you can make such a recovery, you will have to re-pay the compensation insurance company for the compensation benefits you received, but the law requires this lien to be reduced by the proportionate amount of attorney fees and other expenses incurred in getting the recovery. Injured employees can recover substantial sums in these third party lawsuits, even after the expenses and lien.

Attorney Stanley A. Tomkiel III has been handling these cases for over 20 years and can offer you the benefit of his long experience. You may consult with him about your case, without obligation. Call or e-mail him today for your free consultation. He can also handle your workers' compensation claim in his office for your added convenience in dealing with only one law firm for both the compensation claim and the lawsuit.