Third party claim

Sometimes an on-the-job injury is caused by someone unassociated with your employer or job site. In these instances, you may possess a third party claim. These claims are similar to personal injury claims and have the potential of offering additional compensation and/or care not offered through the workers compensation system.

For example

If you are a delivery driver and another motorist causes an accident resulting in your injury. Because of this you may file a third-party claim against the negligent driver. Another common scenario is when a subcontractor on a construction site, who is not employed by your company, causes an accident that results in injury. In such cases, the injured party can pursue a third-party claim against the subcontractor or their employer.

Benefits

The potential benefits of a third-party claim include compensation for pain and suffering. This is not typically covered by workers’ compensation. Additionally, you may recover damages for lost wages beyond what workers’ compensation provides. This includes reimbursement for medical expenses that exceed the limits of your workers’ compensation benefits. Third-party claims may also cover the cost of future medical treatment, rehabilitation, and even the loss of earning capacity if the injury results in long-term or permanent disability.

It’s important to note that pursuing a third-party claim can be complex and may require the expertise of a personal injury attorney. An attorney can help you navigate the legal intricacies, gather evidence, and advocate on your behalf to ensure you receive the maximum compensation available. They can also negotiate with insurance companies and opposing parties to secure a fair settlement, or represent you in court if necessary.

When considering a third-party claim, it is crucial to act quickly as there are statutes of limitations that restrict the time frame within which you must file your claim. Delaying the process could jeopardize your ability to recover the compensation you deserve. Therefore, consulting with an experienced attorney soon after the injury occurs can significantly impact the success of your claim.

Third-party claims can be an essential avenue for securing comprehensive compensation following an injury caused by an unrelated party. Understanding your rights and seeking professional legal guidance can help ensure you receive the full range of benefits and support necessary for your recovery.