Kimberly Wong Discusses Third Party Lawsuits in Organized Labor’s Ask the Expert Column
Attorney Kimberly Wong was featured in Organized Labor’s Ask the Expert column discussing why injured workers receiving workers’ compensation should consider pursuing a third party lawsuit.
“You can bring a personal injury lawsuit against a third party while maintaining your workers’ compensation claim,” wrote Wong. “For example, if a defective machine injured you at work, you may have a product liability claim against the manufacturer of the machine. Unlike workers’ compensation claims, personal injury lawsuits require evidence of the third party’s fault, but the potential monetary recovery may be much larger than workers’ compensation benefits.”
Although not every workplace injury will have a potential third party lawsuit, Wong advises employees to speak with a personal injury attorney to determine their options. “Available damages from a personal injury lawsuit include past and future loss of earnings or earning capacity, medical expenses and loss of household services,” added Wong. “You may also recover damages for pain, suffering, loss of enjoyment and other non-economic damages, which are unavailable in workers’ compensation.”