Work-Related Accidents: What Is a Third Party Claim?

Work-Related Accidents: What Is a Third Party Claim?

Mar 15, 2024 | Workers' Comp, Workplace Injury

It’s estimated that each year there are nearly 2.8 million workplace injuries and illnesses. If you’ve been injured on the job, you’re likely familiar with a workers’ compensation claim.

These cash benefits can help you recover from lost wages and medical bills following an accident. However, many workers are unfamiliar with a third party claim. And that’s a shame because they have the potential to greatly increase the amount of money you recover.

So what is a third-party claim? And when should you consider pursuing it?

If you want to learn the answers to these questions, you’re in the right place. This guide will walk you through the basics of third party liability.

What Is a Third Party Claim?

Typically, when a worker is hurt on the job, they’ll file a workers’ compensation claim. They can do this regardless of whether or not the employer is responsible for the work-related accident.

However, what happens when the injury was caused by an individual or organization that is separate from your employer? For example, maybe the manufacturer of a forklift included a design flaw in the equipment that caused an employee to get injured.

In these cases, an individual can bring forth a third-party claim against the negligent entity or individual. If found guilty, then the third party will need to pay for the injuries caused to the other party.

Can You File a Third Party Lawsuit Along With Workers’ Compensation Claim?

Many people are worried about filing a third-party lawsuit. The main reason is they think it will forfeit their rights to a workers’ compensation claim.

However, the reality is that filing third party lawsuits doesn’t prevent you from getting a workers’ compensation claim. If you get both, you have a great chance of maximizing the compensation you get from your injury.

Why You Need a Lawyer for a Third-Party Claim

If you’re considering a third-party lawsuit, you must find a good lawyer. Why? Because with these types of cases, the burden falls on you to prove third party negligence.

That means that you need physical evidence that if it wasn’t for the negligence of the third party, you wouldn’t have been injured on the job. A good lawyer can help you gather all the evidence you need to prove this.

Then, they’ll represent you in court during the settlement process and before a judge and jury if it comes down to it. That being said, these types of claims should not be taken lightly. So make sure one of these signs happens before you proceed.

Injured at Work? Contact Barnes Law Firm

We hope this guide helped you answer the question, What is a third party claim? As you can see, this type of lawsuit likely isn’t for everyone. However, if you have the right evidence and legal team on your side, you should consider it.

Here at Barnes Law Firm, we’re devoted to ensuring that injured individuals get the justice they deserve. That’s why we’re available 24/7 to give you the advice and guidance you need.

So if you’re ready for the legal expertise you deserve, schedule a consultation with us today.