Third Party Claim

Understanding Third-Party Claims

A third-party claim arises when an injury is caused by the negligence or wrongful act of a person or entity other than the employer. Examples include:

Vehicle Accidents: An employee is injured in a car accident while driving for work due to another driver’s negligence.

Defective Products: An employee is injured by defective machinery or equipment provided by a manufacturer.

Premises Liability: An employee is injured on another company's property due to unsafe conditions.

Benefits of Pursuing a Third-Party Claim

Pursuing a third-party claim can provide additional compensation beyond workers' compensation, which typically covers only medical expenses and a portion of lost wages. A third-party claim allows an injured worker to seek compensation for pain and suffering, covering both physical pain and emotional distress. It can also include loss of consortium, compensating for the impact on family relationships, and recovery of full wage loss, including future earnings not fully compensated by workers' compensation. In some cases, punitive damages may be awarded to punish the third party for particularly egregious conduct.

Handling Third-party Claims Concurrently With Workers' Compensation

File the Workers' Compensation Claim:

If it's safe to do so, move your vehicle out of the way of traffic and provide assistance to those in need.

Identify the Third Party:

Report the accident to the authorities immediately.

Consult with an Attorney:

Share names, phone numbers, and insurance information with the other driver.

File a Third-Party Lawsuit:

Stick to the facts when speaking with others involved in the accident.

Coordinate Benefits and Settlements:

Capture images of the accident scene, vehicle damage, and your injuries.

Negotiate Liens and Settlements:

Consult with a qualified attorney to understand your legal options and protect your interests.
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