What is a Third Party Claim?
Third party claims occur in on-the-job injuries where your employer is not the primary at-fault party. You are the first party, your employer is the second party and the third party is anyone else who could be proven responsible for the accident. If a third-party is responsible for the employee’s injuries, the employee, the employer or the insurance company may sue that third party for damages. The employee claims damages for injuries above and beyond workmans compensation benefits.
Damages Recoverable Under Third Party Claims
- Pain and suffering
- Mental anguish
- Loss of society and companionship
- Medical expenses
- Loss of earnings
- Loss of enjoyment of life
Who Files a Third Party Claim?
The employer or worker’s compensation insurer may seek reimbursement for amounts paid for the employee’s medical bills or disability. If you are injured in a situation covered by workmans compensation, the insurer may seek to recover damages for your pain and suffering against the third party, even if you do not choose to participate in the third-party action. Most employees want to blame their employer when they are injured on the job, but an experienced third party claims attorney can help you understand the benefits of finding a third party at least somewhat at fault.
What If You Don’t File a Third Party Claim?
If you don’t file a third party claim you will be limited to workman’s compensation benefits, which will likely not compensate you fully for your injuries. Under state law, workman’s compensation benefits are limited, but the benefits in third party settlements are not.
Why You Need an Experienced Third Party Lawyer
Most people with cause for a strong third party cases do not realize it. These cases involve complex legal issues. If you are injured on the job, you need an attorney with experience in third party cases to determine if you have a valid claim. A serious injury can reduce or destroy your ability to earn wages comparable to what you earned before the accident. To continue living the life you led before your on the job accident, you will need to recover damages from both workman’s compensation and third party claims.