While an injured worker does not have to prove fault when filing a Wyoming workers’ compensation claim, there are times when it might be appropriate for them to consider a third-party liability claim. According to Wyoming law, if an employee is hurt at work because of the negligence of a third-party, the injured worker can still file and collect on a workers’ compensation claim.
However, if the injured employee recovers any damages from the liable third party – whether it is a judgment or a settlement, the state is entitled to reimbursement for payments made to the injured worker. Those reimbursements, though, cannot exceed one-third of the total proceeds of the recovery.
Wyoming workers’ compensation laws can be difficult to navigate. There are dozens of rules and regulations, and a strict time limit on a worker’s ability to file a claim. One of the biggest mistakes an injured worker can make is to try and negotiate their own workers’ compensation settlement. It is in your best interest to contact the work related injury lawyers at Burg Simpson by calling our Wyoming office at 307-527-7891 or by filling out our Free Case Evaluation form.
In Wyoming, if you are hurt at work, you are entitled to workers’ compensation benefits. In exchange, injured employees are prohibited from suing their employer. They can, however, sue a responsible third party not affiliated with their employer if they contributed to the injury.
For example, if you are performing a task at work while using a ladder, and the ladder collapses, leaving you with a broken leg, you can file for workers’ compensation benefits. In addition, you can file a third-party claim against the ladder manufacturer, which will not impact your worker’s comp benefits.
However, according to Wyoming law, your employer’s workers’ compensation insurance company is entitled to pay up to a third of the damages you received from the ladder manufacturer. This reimbursement is called subrogation. Additionally, liable third parties are also allowed to reimburse the worker’s compensation account directly for medical or temporary total disability costs before any judgment, settlement, or release is secured.
Different law firms handle subrogation claims differently. Some compensation attorneys will outsource the negotiation of subrogation liens, while others will handle them directly. If you are pursuing a Wyoming workers' compensation lawsuit, it is critical that you discuss these details with your workers' compensation lawyers and that you find out what their policy is, and whether you will be charged any additional fees or costs to handle any subrogation matters.
Do not wait to contact the Cody, Wyoming office of Burg Simpson if you have been injured on the job, no matter whose fault it was. Call us before it is too late at 307-527-7891.
Our Workers’ Compensation Lawyers in Cody, Wyoming Can Help
Whether you are an injured retail employee who has suffered a broken leg, or a construction worker who has suffered a serious, career-ending injury, we are here to help. Fill out our Free Case Evaluation Form HERE as soon as possible or call Burg Simpson Wyoming at 307-527-7891 so we can assess your case.