Workers and others often experience injuries caused by third parties at workplaces and on job sites. Workers typically seek related damages, or a monetary remedy, via a workers’ compensation claim. Site visitors must file a personal injury lawsuit.
Yet, in both examples, they might not receive the full compensation they’re due. With workers’ compensation claims, an employer’s insurance also doesn’t cover all forms of compensation. After an accident caused by third-party negligence, the injured worker or their loved ones must pursue a third-party claim through the at-fault party’s insurer to fully receive all compensation they’re due under the law.
Workers’ Compensation vs. Third-Party Claims
A worker or their representative reports their injury or injuries and requests workers’ compensation benefits directly through their employer’s HR office. The latter then contacts the insurance company. Even if the insurer approves a claim, the worker typically only receives compensation for their medical expenses and injury-related work losses. In some cases, they only receive partial compensation.
When a third-party claim exists because someone other than the employer or a co-worker acted negligently, the worker files a claim with the at-fault party’s insurer. If they receive a denial or less compensation, they file a personal injury suit in a local court. A victim can demand full compensation to cover all injury-related losses, as dictated by state and federal laws.
Common examples of third-party claim coverage areas include medical expenses and current wages not covered by workers’ compensation and future wages based on potential earnings. That said, a victim might also be able to demand damages for emotional issues, general suffering, relationship difficulties and losses, and quality of life problems.
Top Work-Related Third-Party Negligence Events
Injuries caused by third parties happen far more frequently than many people expect. In less than a second, the actions of a third party can result in life-altering injuries or even death.
Consider the following top four scenarios that often lead to third-party claims:
– Property Hazards: A property owner, landlord, site administrator or on-site groundskeeper fails to warn workers and visitors about potential normal property hazards or a poorly maintained, unsafe space.
Examples: A property manager who isn’t the worker’s employer fails to post a hazard sign about pest issues, and the worker falls in a hole dug by moles or other pests. A tree trimmer fails to remove a dead branch, and it later falls on a visitor.
– Equipment Breakdown: A company responsible for the production or distribution of any form of task or safety equipment (i.e., gear, machinery or tools), such as a manufacturer or distributor, fails to detect a defect. A rental or maintenance company fails to appropriately maintain equipment.
Examples: A pair of burn-safety gloves that don’t meet industry thickness standards cause a worker to experience serious burns while performing a regular task. A rented, poorly maintained machine malfunctions and crushes a worker’s arm.
– Contractors and Subcontractors: A site manager, construction firm or architectural designer incorrectly designs or installs any part of a build or fails to follow safety standards related to their on-site actions, work-related equipment, or construction and waste materials.
Examples: A worker slips on a floor that a third-party cleaner didn’t mark with a wet floor sign. A poorly secured ladder on the side of a building falls and hits someone on the head.
– Vendors and Drivers: Sometimes a third party that commits negligence at a workplace represents a retailer involved in the sale and delivery of products or services outside of construction scenarios.
Examples: A snack vendor over-packed their hand truck. The dolly then tips and falls on an employee walking past it. A delivery driver in a van doesn’t pay attention while turning in a busy business park and runs into a person stepping off a sidewalk in front of them.
How Does a Local Work Injury Lawyer Help?
A victim can’t usually win a third-party negligence case unless they’re knowledgeable about local, state and federal personal injury laws. They must have high energy, good health, and enough time to pursue their claim with an insurer and in a court. Most victims and their loved ones aren’t capable of handling the complexities and emotional, physical, and other demands of these cases.
For example, they must prove that one or more third parties are at fault for negligence by supplying extensive evidence. During a personal injury lawsuit, they need accident-scene photographs and videos, expert investigations and testimony, witness statements, pre- and post-accident medical records, and, whenever possible, physical objects directly involved in the injury or injuries. If their employer becomes involved as an at-fault party or witness, they must learn how to cope with stress and pressure from their employer.
Additionally, many victims don’t know how much compensation they can demand from workers’ compensation and third-party claims at the same time. They might not realize that courts typically require that they transfer part of the money they receive after a personal injury case win to the workers’ compensation insurance company. Victims often feel like they’re being treated unfairly during this process.
A work injury lawyer can file claim requests, assist with procuring evidence, fight for the victim’s rights, and handle any settlements or repayments. They can help a victim file for and receive their workers’ compensation insurance benefits and assist with the entire personal injury lawsuit process. They work hard to guarantee that the victim receives the highest possible monetary compensation, even when part of the third-party damages must be transferred to their employer’s insurer for already paid medical bills and lost wages.
Victims are also at risk of losing government benefits when they win workers’ compensation and third-party negligence cases. A local lawyer has the knowledge and experience to provide the best options for safeguarding these and other critical benefits. For example:
– An experienced local attorney might recommend the setup of a trust (i.e., special needs account) managed by a trustee (i.e., administrator) to distribute the funds to their client (i.e., beneficiary). The victim then doesn’t have to worry about government entities using the money to decrease or end benefits.
– If the victim also receives donations via an offline or online medical fundraiser via crowdfunding, their lawyer can show them how to prevent those funds from adversely affecting benefits and other areas of their life.
Third-party claims feature the same types of injuries as other personal injury cases. Yet, these claims involve complex, sometimes rare, accident scenarios, a higher-than-normal number of at-fault parties, and longer arguments about where to place blame. An experienced lawyer like the attorneys at Thomas Law Offices can help you navigate these and other areas with greater ease.
