What is a Third Party Injury Claim?

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One frustrating aspect of on-the-job injuries is that employers are often completely protected in the event accidents happen in the workplace. That’s what workers’ compensation is for. Yet there are some instances where the situation may involve a third party who is responsible for your injury. This is typically where a third-party personal injury claim comes in.

Workers’ Compensation Claims Only Cover so Much

With workers’ comp, you can receive disability benefits and medical payments for your rehabilitation. However what about a worker who dies? What then? Other compensations apply here that wouldn’t be covered under workers’ compensation law, which is why surviving members of a family suffering from emotional distress can file what’s called a third party personal injury claim, targeting the exact entity responsible for what happened.

An employer may not be held liable for work-related injuries beyond that of what workers’ compensation can cover. If surviving families want to file a particular lawsuit against a non-employer party directly responsible for the tragedy, they can file a third party injury claim.

This can apply to a number of potential personal injury issues, such as:

In short, you can actually file a workers’ compensation claim and/or a third-party personal injury lawsuit against the negligent driver in a car accident, if the accident occurred during the injured employee’s scope of work. If defective work equipment or use of certain products caused the injury, in addition to filing a workers’ compensation claim, you might actually be able to file a lawsuit against the manufacturer of the machine.

Likewise, subcontractors exist outside of the employer’s realm of responsibility, which means you could also sue such a party in the event of an injury. This also falls under the scenario of potential hazards in design, such as architecture or engineering. Suing an architect in this case would be sufficient. If by chance you’re on someone else’s property for purposes of work, you can actually file a lawsuit against that owner.

Remember, however, that a third party claim is completely separate from a workers’ compensation claim. That means there may be situations where you can file both. Consider the option as oftentimes workers’ compensation may not cover all expenses related to your injury, although some scenarios might include reimbursement to your employer if a third-party claim covered all of your damages and expenses.

For More Information on Third-Party Personal Injury Claims, Consult a Qualified Attorney

There may be a chance that you, in fact, cannot file a third-party claim at all. It all depends on the situation that caused the accident in the first place. Analyze the situation with a qualified lawyer to get the best possible insight.

Written on behalf of Aaron Allison by AskTheLawyers.com™.