After sustaining an injury on the job, you could be in a tough position. Depending on how serious your injury is, you may not be able to work for weeks or even months. Or you may suffer from a disability that makes you unable to return to your previous job. With this disability, you may need to look for a new job or end up unable to get or maintain a job. Thankfully, workers’ compensation insurance is available to ensure you get proper medical treatment and payment for lost wages thebirdsworld.
However, workers’ compensation may not cover all your losses, pain, and expenses related to your work injury. Often, this is something you need to deal with. But sometimes, it may be necessary to bring a third-party claim, which might give you more compensation. This is possible when somebody outside of your workplace was responsible for the accident that harmed you. Workers’ compensation prevents you from taking legal action against your employer. But you can sue a third party for their negligence. An Injured Workers Law Firm attorney can help you navigate this complex process.
Understanding Third-Party Claims
Third-party claims are insurance claims or lawsuits an injured worker can file against a party that does not work for the employer. Also, this party is the worker’s employer. They can be a worker of another business or one who is not involved in the injured worker’s work who came into their workplace infosportsworld.
A third-party claim can be filed against an individual or the individual’s employer. But the claimant must prove this party’s negligence intentional, or reckless misconduct that caused their injuries.
Things to Keep in Mind When You File a Third-Party Claim
When you decide to sue another party for causing your workplace injury, keep in mind that you should prove this party’s liability to secure compensation from them. Proving liability involves establishing a duty of care, duty breach, causation, and damages. If your claim succeeds, the insurance provider of the liable party may pay your damages. Otherwise, they would cover damages out-of-pocket.
Often, third-party claims follow the same process as personal injury claims. You and the liable party may negotiate a settlement before your case goes to court. But if the claim involves a significant amount of money, the other party may refuse to settle your case and take their chances at trial.
If the third party is found liable for your injuries, the compensation you may get varies. Although workers’ comp claim benefits pay for your medical expenses and partial lost wages, third-party claims let injured parties pursue compensation for their lost wages and pain and suffering.
