Workplace injuries can cause a world of hurt—physically, emotionally, and financially. Usually, when someone gets hurt while working, there’s something called workers’ compensation that helps cover medical bills and lost wages. But what if the person who caused your injury doesn’t work for your company? When this happens, you might be able to get even more help through something called a third-party claim.
In this post, we’ll break down what a third-party injury is, when you can ask for more than just workers’ comp, and how to make your case stronger if you go that route.
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What Is a Third-Party Work Injury Claim?
Sometimes, a work injury isn’t actually caused by your job or your coworkers—it’s someone else’s fault. That’s when something called a third-party claim comes into play. A third-party claim lets you ask for more than regular workers’ comp, which only covers certain things like medical bills and part of your paycheck. That could include money for pain and suffering or the ways your life has changed due to your injury.
Let’s look at an example. Say you’re a delivery driver. While dropping off a package, a car blows through a red light and crashes into you. Workers’ comp from your job may help with hospital bills and some of your lost wages. But since the crash was caused by another driver, not someone from your company, you may be able to file a third-party claim against that driver to get even more help.
Knowing when a third-party claim makes sense can be a big deal. It could mean more money to help you heal, pay your bills, and get your life back on track.
Common Examples of Third-Party Work Injury Claims
There are many ways someone outside your company can contribute to a work injury. Let’s say you’re a construction worker using a machine on the job, and it breaks because it wasn’t made right or wasn’t taken care of properly. If a different company designed or maintained that machine, you might be able to sue them for your injuries while still being eligible for workers’ comp from your boss.
Here’s another example to consider: You’re working on a building, and someone from another company on the site, like a subcontractor, makes a careless mistake that hurts you. If that person doesn’t work for your company, you could also file a third-party claim against their employer.
These kinds of situations happen more often than you might think. If someone else’s actions played a big part in your injury, it’s worth looking into all your options so you can get the help and money you deserve.
How to Pursue a Third-Party Claim
If you’re thinking about filing a third-party claim, there are some very important things you need to do right away. Taking the right steps early on can make a big difference in the strength of your case.
- Seek Immediate Medical Care Even if the Injury is Small—A doctor’s visit not only supports your health, but it also creates a record that shows exactly what happened to your body. That’s very important when you’re asking for compensation.
- Document Evidence Carefully— Take photos of the accident scene and any damage to tools, vehicles, or equipment. Get names and contact info from anyone who saw what happened. Your carefully documented evidence can help you prove third-party liability.
- Report Your Injury to Your Employer—Reporting the injury right away helps with your workers’ comp claim and also creates an official record, which supports your third-party case, too.
Benefits of a Third-Party Claim
While workers’ compensation provides critical support after workplace injuries with its coverage of medical expenses and partial lost wages, it may not be enough. That’s where a third-party claim can help.
A third-party claim may cover financial losses beyond just the basics. If you were only able to recover some lost wages with workers’ compensation, a third-party claim could help you recover more wages. A third-party claim may cover future medical expenses beyond what workers’ compensation will cover, and if your injuries reduce your ability to earn a living in the usual way, a third-party claim may cover loss of future income.
A third-party claim may also help you recover compensation for pain and suffering. This relates to damages that may not hurt your pocketbook but cause you extreme emotional and physical turmoil.
If the third party was grossly negligent, you could potentially also sue for punitive damages. In the example we cited above with the reckless driver, let’s say the driver was drunk. You could press for punitive damages in order to punish the driver and deter them from driving under the influence in the future.
Challenges of a Third-Party Claim
Third-party claims can help you get more money after a work injury, but they can also lead to a more complex case. That’s because you have to prove that someone else, like another company or a person, was actually at fault for your injury. This means collecting strong evidence, doing a lot of investigating, and often dealing with more than one insurance company.
There are also strict rules and deadlines you have to follow. If you miss the deadline to file your claim, you might lose your chance to get any third-party compensation.
How a Work Injury Benefits Attorney Can Help
Because third-party claims can be so complicated and the stakes are high, getting help from a competent workers’ compensation lawyer can be a smart move. These lawyers understand how to build a strong case, prove who was at fault, and deal with the back-and-forth with insurance companies. Plus, they’ll file your case on time and follow all the proper legal steps, so you don’t miss out because of a small mistake.
Conclusion
Third-party claims can lead to bigger payouts. That extra money can help pay for things like long-term care or future medical treatments. It can make a big difference in helping you get your life back on track, both physically and emotionally.
For the best results for your claim, take immediate action after your injury, carefully document evidence, and consult with professional legal support. For more information, contact our work injury attorneys serving Henderson, Las Vegas, Summerlin, and more.