Workplace accidents are far from uncommon here in Washington, D.C., and if you were recently injured on the job, you may wonder whether you will be entitled to compensation of any kind. In general, you may have more than one option to recover the damages you deserve. While workers’ compensation is the most common avenue for injured employees to recover funds, a separate, third-party lawsuit may arise under certain circumstances. Please continue reading and reach out to a seasoned Washington D.C. workplace accident lawyer from Trombly & Singer, PLLC today to learn more about work injuries, third-party work injury claims, and how our legal team can help you get the full and fair compensation to which you are entitled.
How Does Workers’ Compensation Work in Washington, D.C.?
In Washington, D.C., like most states, the overwhelming majority of employers are required to carry workers’ compensation insurance. This is a no-fault system, meaning you generally do not need to prove that your employer was negligent in order to recover compensation for damages. However, this means that you are subject to more limited compensation. This system is governed by the D.C. Workers’ Compensation Act.
In Washington, D.C, workers’ compensation claims proceed through the District of Columbia Department of Employment Services (DOES). All disputes are heard before the D.C. Offices of Administrative Hearings (OAH). Unlike civil lawsuits, workers’ compensation claims proceed through an administrative process, rather than through the Superior Court of the District of Columbia. This impacts how evidence is presented and the dispute resolution process.
What Workers’ Compensation Covers
- Emergency medical treatment
- Follow-up medical care
- Hospital stays
- Surgeries
- Medications and medical devices
- Physical therapy
- Temporary total or permanent partial disability
- Vocational rehabilitation
It is necessary to understand that workers’ compensation does not cover any non-economic damages, like pain and suffering, emotional anguish, or loss of enjoyment of life.
What Is a Third-Party Work Injury Claim?
A third-party claim is a separate personal injury lawsuit filed against someone other than an employer if they were negligent in the actions that led to your injuries. Unlike workers’ compensation, filing a third-party claim requires proof of fault. Third-party injury claims are overseen in accordance with D.C. personal injury law.
Unlike workers’ compensation claims, these cases proceed through the Superior Court of the District of Columbia and follow a more traditional litigation process. As such, workers are required to prove the four elements of negligence for the case to be successful. Cases that proceed through civil court often include hearings, discovery, expert testimony, and even the potential for a trial.
Common Third-Party Scenarios in Washington, D.C.
- A delivery driver who causes a collision while you are working
- A maintenance company is ignoring open and obvious hazards
- Property owners who fail to ensure their premises are safe
- Manufacturers who produce defective equipment
- A subcontractor who creates an unsafe work environment
Unlike workers’ compensation, third-party lawsuits allow the filer to seek compensation for full damages, including non-economic damages.
What Damages Can You Recover in a Third-Party Claim?
As mentioned, a third-party claim allows the filer to seek compensation beyond economic damages, though this requires strong evidence to help support claims of negligence.
It’s also important to understand that lawsuits filed in accordance with D.C. personal injury law are subject to a three-year statute of limitations. This means you have three years from the date on which the accident occurred to file a claim. Failure to file before the statute of limitations expires will bar you from recovering compensation, even if negligence and damages are obvious.
Economic Damages
- Full lost wages (not partial wage replacement)
- Reduced earning capacity
- Medical care not covered by workers’ compensation
- Out-of-pocket medical costs
- Rehabilitation and physical therapy
- Transportation for medical appointments
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent disability
- Disfigurement and scarring
While workers’ compensation generally only replaces a portion of wages lost and does not account for personal pain and suffering, a third-party claim allows you to recover full lost income, projected income losses, and even emotional damages. As such, in catastrophic injury cases, the compensation available can significantly impact the total value of a claim.
Can You File Both a Workers’ Compensation Claim and a Third-Party Lawsuit?
In many cases, yes, an injured worker may be able to recover compensation through both a workers’ comp claim and a third-party lawsuit in the event someone other than their employer is responsible for the injuries they have suffered. However, the process can grow even more complex, as the workers’ compensation insurer may request reimbursement (formally referred to as subrogation) from a third-party lawsuit.
Important Considerations When Both Claims Apply
- Your employer’s workers’ compensation insurer may request reimbursement if you file a third-party claim
- The timing of the claims can impact recovery amounts
- Statutes of limitations apply to third-party claims
- Evidence is critical to the outcome of a claim
- Fault must be proven in a third-party case
How Does Fault Work in Washington, D.C. Third-Party Claims?
Washington, D.C. adheres to the pure contributory negligence rule for personal injury claims. This means if you are found to be even 1% at fault for your injuries, you are barred from recovering damages, even if negligence is obvious. This rule does not apply to workers’ compensation, as that system is no-fault, meaning recovery is possible regardless of who the negligent party is.
Why Contributory Negligence Makes Legal Strategy Critical
- Defense attorneys often attempt to shift blame to the injured party to avoid liability
- Minor safety violations can be argued as shared fault
- OSHA findings can become relevant
- Witness statements and incident reports are critical
Contact Our Experienced Washington D.C. Firm
If you have suffered an injury while on the job, regardless of whether it was caused by a third party or yourself, working with an experienced attorney with Trombly & Singer, PLLC, is in your best interest. Our firm can assist you during these difficult times to fight for the best possible outcome. When you need help, our firm is ready to represent you. Contact us today to learn more about your legal options.