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Doug Landau
Doug Landau
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You can collect workers comp AND sue a third party

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"You can’t always get what you want" sang Mick Jagger of the Rolling Stones. At one time or another, you’ve probably heard that you can’t have your cake and eat it too. In situations that involve difficult "either/or" decisions, this rule generally applies. You can’t eat nothing but deep fried food all day AND have the perfect figure. You can’t spend your entire paycheck on that designer watch AND save up for your dream vacation. You can’t play hookey from work every day AND stay gainfully employed. However, in other cases that appear to fit this description, one can, in fact, have two good things at once. For example, many people are under the impression that if they become injured and receive workers’ compensation, they cannot collect any other compensation for their losses. Fortunately, at the Landau Law Shop, we routinely show injured workers and disabled accident victims that this is not always the case.

If you are injured in a Virginia, Maryland or Washington, D.C. work-related truck crash, trip and fall accident, chemical explosion or car wreck, you may qualify for workers’ compensation. Under this system, you agree not to sue your employer in exchange for benefits, including the payment of medical bills and some portion of your pre-injury wages during your recovery. That means you cannot sue your employer directly, under most circumstances. However, there are a few situations in which you may still sue your own employer, as well as situations when you might be able to sue the third party responsible for your injuries.

The latter is a more likely scenario. A "third party" is any person or group that is not affiliated with your company. These defendants are often referred to as "third parties." Examples of "third parties" that can be sued for causing a workplace injury are: manufacturers of defective equipment; truck drivers that work for a delivery company; owners of the building where you may work; drivers of a car that hit you while you were on the job. You are free to sue these parties while also collecting workers’ compensation benefits. Your entitlement to workers’ compensation and your legal right to sue a "third party" are not mutually exclusive.

Whenever you are injured and attempting to navigate the process of filing claims and collecting what you are owed, it is wise to have a specialized, experienced attorney who will work on your behalf to make sure that you can have your cake AND eat it too. Doug Landau of ABRAMS LANDAU, Ltd., adds, that Mick Jagger was on the right track, because "if you try (your work injury case) sometimes, you get what you need…"