When you get injured while performing work-related duties, filing for workers’ compensation is a great way to get financial benefits to keep yourself afloat while you recuperate. However, your workers’ comp claim might not be the only claim you should be filing. Depending on the circumstances of your accident and injuries, you might be able to file a third party claim.
In simple terms, a third party claim following a work-related accident is a separate personal injury claim filed against a negligent party who is not your employer. If you want workers’ compensation benefits, then you cannot also file an injury claim against them for negligence. You would use a third party claim when, as the name implies, a third party causes your injuries.
For example, imagine being a pizza delivery driver and getting hit by a drunk driver on the way to a customer’s house. As you were performing a work-related duty at the time of the crash, you can file for workers’ compensation from your employer, or their insurance provider more specifically. As you were not the cause of the car accident, you can also file a third party claim against the intoxicated motorist.
Workers’ compensation benefits will help pay for a percentage of your missing wages and medical benefits, up to a limit. A third party claim can seek damages for everything not covered by workers’ compensation. You might be able to get compensation that pays for the percentage of your wages not covered by workers’ comp, the medical treatments not covered by workers’ comp, property damage, and non-economic damages, such as pain and suffering. By utilizing both a workers’ comp claim and a third party claim, you stand to maximize your recovery, as you deserve.
Many workers injured on the job believe that the only possible route of recovery is through workers’ compensation. They go straight to their employer’s workman’s comp insurance carrier without looking into other potential avenues of compensation. Another way to seek compensation after a work-related injury is through a third-party claim. This is where another party other than the employer is attributed to the injury. In some cases, both parties can be sought for compensation. However, in every situation there are certain exceptions. So it is very important to consult with an experienced Springfield workers’ compensation attorney first.
In some situations, an injured worker can again find another way to say this please) both companies for the same work injury. This is when another party other than your employer was negligent in causing your injury. For example, if a person is injured on an escalator that was not properly maintained by a company different than the employer, there could potentially be a third-party claim. Through a third-party action, you can pursue a claim against the maintenance company for personal injury damages.
It is important to keep in mind that there are exceptions, such as the “statutory employer” exception. This is when you are not allowed to (new word) both companies because they are considered to be within the same entity and thus one company. Our law firm is very experienced and knowledgeable with third-party claims and complex issues.
Do not settle for just any means of compensation, contact HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.
HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.
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