Third-Party Liability Claim Attorneys: Holding Negligent Actors Liability For Your Work Injury
If you've been injured on the job, you may be entitled to workers' compensation benefits. However, in some cases third-party negligence can also play a role in an accident. This means that the party responsible for your injury is not your employer or co-workers, but another individual or company. If you've been injured in this type of situation, it's important to speak with a third party liability claim attorney as soon as possible. Third party liability claim attorneys understand how workers' compensation and third-party liability insurance interact.
You need representation on these types of cases to maximize the amount that you receive. Read this blog to find out why.
How A Third-Party Liability Claim Could Arise
Accidents can happen in a variety of ways, and third-party negligence is not always easy to identify. Some common examples of third-party negligence include:
- Motor vehicle accidents, such as a car accident while delivering goods that results from defective tires, faulty brakes or some other flaw in the vehicle
- Products liability accidents, such as the loss of a finger due to a defective machine
- Premises liability accidents, such as a slip and fall accident on someone else’s property while performing work duties for an employer
Certain Industries Are at Higher Risk For Third-Party Negligence
Third-party negligence may also be more common among certain vocations and in certain industries. For example, construction workers are often injured in falls due to unsafe working conditions, and delivery drivers can be injured in motor vehicle accidents because of the nature of their job. If you work in a high-risk industry, it's important to be aware of the potential for third-party negligence and take steps to protect yourself.
Collecting Twice is Not Permitted
You will likely bring your workers' compensation at the same time as bringing the civil suit against a third party. California law prohibits collecting from both the workers' compensation carrier and the negligent third-party. Employers receive a credit or file a lien for any damages that the employee receives as a result of the third-party suit to compensate the employer for the cost of medical treatment and lost wages paid to the employee under workers' compensation.
Employer Only Entitled to Reimbursement For Benefits Paid
The employer is not entitled to credit or reimbursement for administrative costs, litigations costs, or attorney fees. The workers' compensation carrier could choose to not pursue its right to reimbursement. It is best to consult with a lawyer who understands workers compensation and third-party personal injury crossover claims.
Uninsured Motorist Bodily Injury Claims & Workers' Compensation
When a third-party injures an employee while driving for work. This is a common third party claim situation. What if the negligent driver that caused the automobile accident has no insurance? Does workers' compensation have the right to claim benefits on the employees uninsured motorist bodily injury (UMBI or UM for short)? The answer is that the UMBI policy gets a credit for benefits paid by the workers' compensation carrier. The workers' comp does not get any reimbursement right against this type of situation.
There are many complexities to third-party liability claims that can affect the amount of money you receive for your injury. If you've been injured in an accident that you believe was due to the negligence of a third party, it's important to speak with an experienced attorney as soon as possible.
What to Do If You're Injured in a Third-Party Negligence Accident
If you've been injured in an accident that may have been caused by third-party negligence, it's important to take action as soon as possible. Here are some steps you should take:
- Contact a third-party liability claims lawyer. They can help you file a claim and seek the compensation you deserve.
- Gather evidence of the accident. This includes photos of the scene, eyewitness statements, and any other documentation that may be helpful.
- Keep track of your medical expenses and lost income. This information can be used to calculate the damages you're owed.
- Don't speak to the insurance company representing the third party without an attorney. They may try to get you to sign a waiver or release form that would prevent you from filing a claim.
Contact A Third-Party Liability Claim Attorney
If you've been injured in a third-party negligence accident, contact a lawyer today. You'll be better off with counsel on these sorts of circumstances if you want to get the most money possible.
Third-Party Claim Lawyer Should Know Workers' Compensation
Workers' Compensation Carrier Focused On Limiting Case – This is because the workers' comp insurance is focused on getting you back to work at the expense of your health. When a third-party is liable, inadequate workers' compensation attention could severely injure the value of your claim. You need a workers' compensation lawyer to help push the claim forward to get the things you need and ultimately increase the value of your overall claim.
Third-party liability claims can be complex, so it's important to speak with a lawyer if you think you may have a case. They can help you gather evidence and file a claim against the party responsible for your injury. If you've been injured in an accident, contact a third-party liability claims lawyer today. You may be entitled to compensation for your injuries.
If you have any questions about third-party liability or workers' compensation, please don't hesitate to give us a call. 866-NAPOLIN. We're here to help.