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Posted in Videos on January 13, 2017   |  by Gary Burger

How Do Workplace Injuries Interplay When a Third Party Causes You Damages?

How do workplace injuries interplay when another person, a third party, caused your injury due to their negligence, caused you damages? Well, this is Gary Burger. I’m at Burger Law.

What you want to do is you want to pursue your work comp claim. Get all your benefits underneath that. Get your medical care. Get your temporary total disability if you’re off, or settle your case, get your permanent total disability, and at the same time you want to develop evidence and pursue the claim against the auto driver who was negligent, violated the rules of the road, who injured you, against the product manufacturer who manufactured a defective product that injured you while you were working with it, or against another company that was on-the- job working and caused you injury.

Or, you’re at someone else’s place of business. You’re a delivery driver. You work at other places. You’re a carpenter. You go to other places. You go to that other place. They have a dangerous condition of their property, and that injures you. All those cases, you do not only want to take the easier money in the comp case, but you also want to pursue the third-party claim because comp is cheap and you need to be fully compensated for your injuries.

Let me give you one example, and call me for free to talk about this, (314) 542- 2222, It’s important to maintain those claims. Let me tell you; work comp is going to want their money back. They have a lien. That’s a whole another issue, and you’re actually doing your employer a favor because then that money goes back to the comp carrier, and then their premiums aren’t as increased because of the injury you sustained, and you also put more money in your pocket.

This is an interesting case. We represented a guy, a great guy who was injured and he was a mechanic on the Arch tram, which you can’t see, but is out my window right behind me, and he was a worker for 30 years, brilliant self-taught guy, Danny Leslie, and he was injured when a third-party contractor took out some automatic brakes and electronic devices in a tram. It went through the automatic brakes, and he was crushed between the end of the tram and a wall, had some broken ribs and sternum. He was really hurt, had some trauma. He had a real challenge in trying to go back and work on those trams too and changed jobs and now is a mechanic in Mid-Missouri.

So, I can talk about that case. We were written up in the Lawyers Weekly for a great settlement in this workers' compensation case. It was a settlement for a $120,000. After he had got his federal work comp and all of his things paid for, we took care of his liens. We put as much money into his pocket as we can. We negotiated those liens down as much as we can.

So, if you have a question about whether you can or should pursue a third-party claim or your good work comp lawyer is doing a good job for you there but doesn’t really want to do the other claim, which we just had happened today, which is why I’m doing that video, give us a call. I gave you my number, is my email. Thank you.